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PAG LIN 1 1 DIVISION I 1 2 IOWA FORFEITURE REFORM ACT 1 3 Section 1. NEW SECTION. 809A.1 DEFINITIONS. 1 4 As used in this chapter: 1 5 1. "Conveyance" includes any vehicle, trailer, vessel, 1 6 aircraft, or other means of transportation. 1 7 2. "Interest holder" means a secured party within the 1 8 meaning of chapter 554, or the beneficiary of a security 1 9 interest or encumbrance pertaining to an interest in property, 1 10 whose interest is perfected against a good faith purchaser for 1 11 value. A person who holds property for the benefit of or as 1 12 an agent or nominee for another person, or who is not in 1 13 substantial compliance with any statute requiring an interest 1 14 in property to be recorded or reflected in public records in 1 15 order to perfect the interest against a good faith purchaser 1 16 for value, is not an interest holder. 1 17 3. "Omission" means the failure to perform an act that is 1 18 required by law. 1 19 4. "Owner" means a person, other than an interest holder, 1 20 who has an interest in property. A person who holds property 1 21 for the benefit of or for an agent or nominee for another 1 22 person, or who is not in substantial compliance with any 1 23 statute requiring an interest in property to be recorded or 1 24 reflected in public records in order to perfect the interest 1 25 against a good faith purchaser for value, is not an owner. 1 26 5. "Proceeds" means property acquired directly or 1 27 indirectly from, produced through, realized through, or caused 1 28 by an act or omission and includes any property of any kind 1 29 without reduction for expenses incurred for acquisition, 1 30 maintenance, production, or any other purpose. 1 31 6. "Property" means anything of value, and includes any 1 32 interest in property, including any benefit, privilege, claim, 1 33 or right with respect to anything of value, whether real or 1 34 personal, tangible, or intangible. 1 35 7. "Prosecuting attorney" means an attorney who is 2 1 authorized by law to appear on the behalf of the state in a 2 2 criminal case, and includes the attorney general, an assistant 2 3 attorney general, the county attorney, an assistant county 2 4 attorney, or a special or substitute prosecutor whose 2 5 appearance is approved by a court having jurisdiction to try a 2 6 defendant for the offense with which the defendant is charged. 2 7 8. "Regulated interest holder" means an interest holder 2 8 that is a business authorized to do business in this state and 2 9 is under the jurisdiction of any state or federal agency 2 10 regulating banking, insurance, real estate, or securities. 2 11 9. "Seizing agency" means a department or agency of this 2 12 state or its political subdivisions that regularly employs law 2 13 enforcement officers, and that employs the law enforcement 2 14 officer who seizes property for forfeiture, or such other 2 15 agency as the department or agency may designate by its chief 2 16 executive officer or the officer's designee. 2 17 10. "Seizure for forfeiture" means seizure of property by 2 18 a law enforcement officer, including a constructive seizure, 2 19 accompanied by an assertion by the seizing agency or by a 2 20 prosecuting attorney that the property is seized for 2 21 forfeiture, in accordance with section 809A.6. 2 22 Sec. 2. NEW SECTION. 809A.2 JURISDICTION AND VENUE. 2 23 1. The district court has jurisdiction under this chapter 2 24 over: 2 25 a. All interests in property within this state at the time 2 26 a forfeiture action is filed. 2 27 b. The interest in the property of an owner or interest 2 28 holder who is subject to personal jurisdiction in this state. 2 29 2. In addition to the venue provided for under chapter 803 2 30 or any other provision of law, a proceeding for forfeiture 2 31 under this chapter may be maintained in the county in which 2 32 any part of the property is found or in the county in which a 2 33 civil or criminal action could be maintained against an owner 2 34 or interest holder for the conduct alleged to give rise to the 2 35 forfeiture. 3 1 Sec. 3. NEW SECTION. 809A.3 CONDUCT GIVING RISE TO 3 2 FORFEITURE. 3 3 The following conduct may give rise to forfeiture: 3 4 1. An act or omission which is a public offense and which 3 5 is a serious or aggravated misdemeanor or felony. 3 6 2. An act or omission occurring outside of this state, 3 7 that would be punishable by confinement of one year or more in 3 8 the place of occurrence and would be a serious or aggravated 3 9 misdemeanor or felony if the act or omission occurred in this 3 10 state. 3 11 3. An act or omission committed in furtherance of any act 3 12 or omission described in subsection 1, which is a serious or 3 13 aggravated misdemeanor or felony including any inchoate or 3 14 preparatory offense. 3 15 4. A violation of section 321J.4B, subsection 12. 3 16 5. Notwithstanding subsections 1 through 4, violations of 3 17 chapter 321 or 321J, except section 321J.4B, subsection 12, 3 18 shall not be considered conduct giving rise to forfeiture. 3 19 Sec. 4. NEW SECTION. 809A.4 PROPERTY SUBJECT TO 3 20 FORFEITURE. 3 21 The following are subject to forfeiture: 3 22 1. All controlled substances, raw materials, controlled 3 23 substance analogs, counterfeit controlled substances, 3 24 imitation controlled substances, or precursor substances, that 3 25 have been manufactured, distributed, dispensed, possessed, or 3 26 acquired in violation of the laws of this state. 3 27 2. a. All property, except as provided in paragraph "b", 3 28 including the whole of any lot or tract of land and any 3 29 appurtenances or improvements to real property, including 3 30 homesteads that are otherwise exempt from judicial sale 3 31 pursuant to section 561.16, that is either: 3 32 (1) Furnished or intended to be furnished by a person in 3 33 an exchange that constitutes conduct giving rise to 3 34 forfeiture. 3 35 (2) Used or intended to be used in any manner or part to 4 1 facilitate conduct giving rise to forfeiture. 4 2 b. If the only conduct giving rise to forfeiture is a 4 3 violation of section 124.401, subsection 3, real property is 4 4 not subject to forfeiture and other property subject to 4 5 forfeiture pursuant to paragraph "a", subparagraph (2), may be 4 6 forfeited only pursuant to section 809A.14. 4 7 3. All proceeds of any conduct giving rise to forfeiture. 4 8 4. All weapons possessed, used, or available for use in 4 9 any manner to facilitate conduct giving rise to forfeiture. 4 10 5. Any interest or security in, claim against, or property 4 11 or contractual right of any kind affording a source of control 4 12 over any enterprise that a person has established, operated, 4 13 controlled, or conducted through, or participated in the 4 14 conduct, giving rise to forfeiture. 4 15 6. a. Any property of a person up to the value of 4 16 property of either of the following: 4 17 (1) Described in subsection 2 that the person owned or 4 18 possessed for the purpose of a use described in subsection 2. 4 19 (2) Described in subsection 3 and is proceeds of conduct 4 20 engaged in by the person or for which the person is criminally 4 21 responsible. 4 22 b. Property described in this subsection may be seized for 4 23 forfeiture pursuant to a constructive seizure or an actual 4 24 seizure pursuant to section 809A.6. Actual seizure may only 4 25 be done pursuant to a seizure warrant issued on a showing, in 4 26 addition to the showing of probable cause for the forfeiture 4 27 of the subject property, that the subject property is not 4 28 available for seizure for reasons described in section 4 29 809A.15, subsection 1, and that the value of the property to 4 30 be seized is not greater than the total value of the subject 4 31 property, or pursuant to a constructive seizure. If property 4 32 of a defendant up to the total value of all interests in the 4 33 subject property is not seized prior to final judgment in an 4 34 action under this section, the remaining balance shall be 4 35 ordered forfeited as a personal judgment against the 5 1 defendant. 5 2 7. As used in this section, "facilitate" means to have a 5 3 substantial connection between the property and the conduct 5 4 giving rise to forfeiture. 5 5 Sec. 5. NEW SECTION. 809A.5 EXEMPTIONS. 5 6 1. All property, including all interests in property, 5 7 described in section 809A.4 is subject to forfeiture, except 5 8 that property is exempt from forfeiture if either of the 5 9 following occurs: 5 10 a. The owner or interest holder acquired the property 5 11 before or during the conduct giving rise to its forfeiture, 5 12 and did not know and could not reasonably have known of the 5 13 conduct or that the conduct was likely to occur, or acted 5 14 reasonably to prevent the conduct giving rise to forfeiture. 5 15 b. The owner or interest holder acquired the property, 5 16 including acquisition of proceeds of conduct giving rise to 5 17 forfeiture, after the conduct giving rise to its forfeiture 5 18 and acquired the property in good faith, for value and did not 5 19 knowingly take part in an illegal transaction. 5 20 2. Notwithstanding subsection 1, property is not exempt 5 21 from forfeiture, even though the owner or interest holder 5 22 lacked knowledge or reason to know that the conduct giving 5 23 rise to its forfeiture had occurred or was likely to occur, if 5 24 any of the following exists: 5 25 a. The person whose conduct gave rise to its forfeiture 5 26 had the authority to convey the property of the person 5 27 claiming the exemption to a good faith purchaser for value at 5 28 the time of the conduct. 5 29 b. The owner or interest holder is criminally responsible 5 30 for the conduct giving rise to its forfeiture, whether or not 5 31 the owner or interest holder is prosecuted or convicted. 5 32 c. The owner or interest holder acquired the property with 5 33 notice of its actual or constructive seizure for forfeiture 5 34 under section 809A.6, or with reason to believe that it was 5 35 subject to forfeiture. 6 1 Sec. 6. NEW SECTION. 809A.6 SEIZURE OF PROPERTY. 6 2 1. A peace officer may seize property for forfeiture upon 6 3 process issued by any district judge, district associate 6 4 judge, or magistrate. The court may issue a seizure warrant 6 5 on an affidavit under oath demonstrating that probable cause 6 6 exists for its forfeiture or that the property has been the 6 7 subject of a previous final judgment of forfeiture in the 6 8 courts of any state or of the United States. The court may 6 9 order that the property be seized on such terms and conditions 6 10 as are reasonable in the discretion of the court. The order 6 11 may be made on or in connection with a search warrant. 6 12 2. Peace officers may seize property for forfeiture 6 13 without process on probable cause to believe that the property 6 14 is subject to forfeiture under this chapter and if exigent 6 15 circumstances exist or if the property has already been seized 6 16 for a purpose other than forfeiture. 6 17 3. The seizure of inhabited residential real property for 6 18 forfeiture which is accompanied by removing or excluding its 6 19 residents shall be done pursuant to a preseizure adversarial 6 20 judicial determination of probable cause, except that this 6 21 determination may be made ex parte if the prosecuting attorney 6 22 has demonstrated exigent circumstances. 6 23 4. Property may be seized constructively by: 6 24 a. Posting notice of seizure for forfeiture or notice of 6 25 pending forfeiture on the property. 6 26 b. Giving notice pursuant to section 809A.8. 6 27 c. Filing or recording in the public records relating to 6 28 that type of property notice of seizure for forfeiture, notice 6 29 of pending forfeiture, a forfeiture lien, or a notice of lis 6 30 pendens. 6 31 Filings or recordings made pursuant to this subsection are 6 32 not subject to a filing fee or other charge. 6 33 5. The seizing agency, or the prosecuting attorney, shall 6 34 make a reasonable effort to provide notice of the seizure to 6 35 the person from whose possession or control the property was 7 1 seized and to any person who has a security interest in the 7 2 property. If no person is in possession or control of the 7 3 property, the seizing agency may attach the notice to the 7 4 property or to the place of its seizure or may make a 7 5 reasonable effort to deliver it to the owner of the property. 7 6 The notice shall contain a general description of the property 7 7 seized, the date and place of seizure, the name of the seizing 7 8 agency, and the address and telephone number of the seizing 7 9 officer or other person or agency from whom information about 7 10 the seizure may be obtained. 7 11 6. A person who acts in good faith and in a reasonable 7 12 manner pursuant to this section to comply with an order of the 7 13 court or a request of a law enforcement officer is not liable 7 14 to any person for acts done in reasonable compliance with the 7 15 order or request. In addition, an inference of guilt shall 7 16 not be drawn from the fact that a person refuses a law 7 17 enforcement officer's request to deliver the property. 7 18 7. A possessory lien of a person from whose possession 7 19 property is seized is not affected by the seizure. 7 20 Sec. 7. NEW SECTION. 809A.7 PROPERTY MANAGEMENT AND 7 21 PRESERVATION. 7 22 1. Property seized for forfeiture under this chapter is 7 23 not subject to alienation, conveyance, sequestration, 7 24 attachment, or an application for return of seized property 7 25 under chapter 809. 7 26 2. The seizing agency or the prosecuting attorney may 7 27 authorize the release of the seizure for forfeiture on the 7 28 property if forfeiture or retention of actual custody is 7 29 unnecessary. 7 30 3. The prosecuting attorney may discontinue forfeiture 7 31 proceedings and transfer the action to another state or 7 32 federal agency or prosecuting attorney who has initiated 7 33 forfeiture proceedings. 7 34 4. Property seized for forfeiture under this chapter is 7 35 deemed to be in the custody of the district court subject only 8 1 to the orders and decrees of the court having jurisdiction 8 2 over the forfeiture proceedings and to the acts of the seizing 8 3 agency or the prosecuting attorney pursuant to this chapter. 8 4 5. An owner of property seized for forfeiture under this 8 5 chapter may obtain release of the property by posting with the 8 6 court a surety bond or cash in an amount determined by the 8 7 court to be reasonable in light of the fair market value of 8 8 the property. Property shall not be released if any of the 8 9 following apply: 8 10 a. The owner fails to post the required bond. 8 11 b. The property is retained as contraband or as evidence. 8 12 c. The property is particularly altered or designed for 8 13 use in conduct giving rise to forfeiture. 8 14 If a surety bond or cash is posted and the property is 8 15 forfeited, the court shall forfeit the surety bond or cash in 8 16 lieu of the property. 8 17 6. If property is seized for forfeiture under this 8 18 chapter, the prosecuting attorney, subject to any need to 8 19 retain the property as evidence, may do any of the following: 8 20 a. Remove the property to an appropriate place designated 8 21 by the district court. 8 22 b. Place the property under constructive seizure. 8 23 c. Remove the property to a storage area for safekeeping 8 24 or, if the property is a negotiable instrument or money, 8 25 deposit it in an interest-bearing account. 8 26 d. Provide for another agency or custodian, including an 8 27 owner, secured party, mortgagee, or lienholder, to take 8 28 custody of the property and service, maintain, and operate it 8 29 as reasonably necessary to maintain its value, in any 8 30 appropriate location within the jurisdiction of the court. 8 31 e. Require the seizing agency to take custody of the 8 32 property and remove it to an appropriate location for 8 33 disposition in accordance with law. 8 34 7. As soon as practicable after seizure for forfeiture, 8 35 the seizing agency shall conduct a written inventory and 9 1 estimate the value of the property seized. 9 2 8. The court may order property which has been seized for 9 3 forfeiture sold, leased, rented, or operated to satisfy a 9 4 specified interest of any interest holder, or to preserve the 9 5 interests of any party on motion of such party. The court may 9 6 enter orders under this subsection after notice to persons 9 7 known to have an interest in the property, and an opportunity 9 8 for a hearing, if either of the following exist: 9 9 a. The interest holder has timely filed a proper claim and 9 10 is a regulated interest holder. 9 11 b. The interest holder has an interest which the 9 12 prosecuting attorney has stipulated is exempt from forfeiture. 9 13 9. A sale may be ordered under subsection 8 if the 9 14 property is liable to perish, to waste, or to be foreclosed 9 15 upon or significantly reduced in value, or if the expenses of 9 16 maintaining the property are disproportionate to its value. A 9 17 third party designated by the court shall dispose of the 9 18 property by commercially reasonable public sale and distribute 9 19 the proceeds in the following order of priority: 9 20 a. For the payment of reasonable expenses incurred in 9 21 connection with the sale or disposal. 9 22 b. For the satisfaction of exempt interests in the order 9 23 of their priority. 9 24 c. Any balance of the proceeds shall be preserved in the 9 25 actual or constructive custody of the court, in an interest- 9 26 bearing account, subject to the proceedings under this 9 27 chapter. 9 28 Sec. 8. NEW SECTION. 809A.8 COMMENCEMENT OF FORFEITURE 9 29 PROCEEDINGS – PROPERTY RELEASE REQUIREMENTS. 9 30 1. Forfeiture proceedings shall be commenced as follows: 9 31 a. Property seized for forfeiture shall be released on the 9 32 request of an owner or interest holder to the owner's or 9 33 interest holder's custody, as custodian for the court, pending 9 34 further proceedings pursuant to this chapter if the 9 35 prosecuting attorney fails to do either of the following: 10 1 (1) File a notice of pending forfeiture against the 10 2 property within ninety days after seizure. 10 3 (2) File a judicial forfeiture proceeding within ninety 10 4 days after notice of pending forfeiture of property upon which 10 5 a proper claim has been timely filed pursuant to section 10 6 809A.11. 10 7 b. Within thirty days after the effective date of the 10 8 notice of pending forfeiture, an owner of or interest holder 10 9 in the property may elect to file with the prosecuting 10 10 attorney any of the following: 10 11 (1) A claim pursuant to section 809A.11. 10 12 (2) A petition for recognition of exemption pursuant to 10 13 section 809A.11, except that no petition may be filed after 10 14 the state commences a court action. 10 15 (3) A request for an extension of time in which to file a 10 16 claim or petition for recognition of exemption. 10 17 c. An extension of time for the filing of a claim shall 10 18 only be granted for good cause shown for mistake, 10 19 inadvertence, surprise, excusable neglect, or unavoidable 10 20 casualty. 10 21 d. If a petition is timely filed, the prosecuting attorney 10 22 may delay filing a judicial forfeiture proceeding for one 10 23 hundred eighty days after the notice of pending forfeiture, 10 24 and the following procedures shall apply: 10 25 (1) The prosecuting attorney shall provide the seizing 10 26 agency and the petitioning party with a written recognition of 10 27 exemption and statement of nonexempt interests relating to any 10 28 or all interests in the property in response to each 10 29 petitioning party as follows: 10 30 (a) Within sixty days after the effective date of the 10 31 notice of pending forfeiture if the petitioner is a regulated 10 32 interest holder. The recognition of exemption shall recognize 10 33 the interest of the petitioner to the extent of documented 10 34 outstanding principal plus interest at the contract rate until 10 35 paid. 11 1 (b) Within one hundred twenty days after the effective 11 2 date of the notice of pending forfeiture for all other 11 3 petitioners. 11 4 (2) An owner or interest holder in any property declared 11 5 nonexempt may file a claim pursuant to section 809A.11 within 11 6 thirty days after the effective date of the notice of the 11 7 recognition of exemption and statement of nonexempt interest. 11 8 (3) If a petitioning party does not timely file a proper 11 9 claim under paragraph "b", the recognition of exemption and 11 10 statement of nonexempt interests becomes final, and the 11 11 prosecuting attorney shall proceed as provided in sections 11 12 809A.16 and 809A.17. 11 13 (4) The prosecuting attorney may elect to proceed under 11 14 this section for judicial forfeiture at any time. 11 15 (5) If a judicial forfeiture proceeding follows the 11 16 application of procedures in this paragraph, the following 11 17 apply: 11 18 (a) A duplicate or repetitive notice is not required. If 11 19 a proper claim has been timely filed pursuant to subparagraph 11 20 (2), the claim shall be determined in a judicial forfeiture 11 21 proceeding after the commencement of such a proceeding under 11 22 sections 809A.13, 809A.14, and 809A.15. 11 23 (b) The proposed recognition of exemption and statement of 11 24 nonexempt interest responsive to all petitioning parties who 11 25 subsequently filed claims are void and are regarded as 11 26 rejected offers to compromise. 11 27 e. If a proper petition for recognition of exemption or 11 28 proper claim is not timely filed, the prosecuting attorney 11 29 shall proceed as provided in sections 809A.16 and 809A.17. 11 30 2. a. Notice of pending forfeiture, service of an in rem 11 31 complaint or notice of a recognition of exemption and 11 32 statement of nonexempt interests required under the chapter, 11 33 shall be given in accordance with one of the following: 11 34 (1) If the owner's or interest holder's name and current 11 35 address are known, by either personal service by any person 12 1 qualified to serve process or by any law enforcement officer 12 2 or by mailing a copy of the notice by restricted certified 12 3 mail to that address. 12 4 (2) If the owner's or interest holder's name and address 12 5 are required by law to be on record with the county recorder, 12 6 secretary of state, the motor vehicle division of the state 12 7 department of transportation, or another state or federal 12 8 agency to perfect an interest in the property, and the owner's 12 9 or interest holder's current address is not known, by mailing 12 10 a copy of the notice by restricted certified mail to any 12 11 address of record with any of the described agencies. 12 12 (3) If the owner's or interest holder's address is not 12 13 known and is not on record as provided in subsection 2, 12 14 paragraph "a", subparagraph (2), or the owner or interest 12 15 holder's interest is not known, by publication in one issue of 12 16 a newspaper of general circulation in the county in which the 12 17 seizure occurred. 12 18 b. Notice is effective upon the earlier of personal 12 19 service, publication, or the mailing of a written notice, 12 20 except that notice of pending forfeiture of real property is 12 21 not effective until it is recorded. Notice of pending 12 22 forfeiture shall include a description of the property, the 12 23 date and place of seizure, the conduct giving rise to 12 24 forfeiture or the violation of law alleged, and a summary of 12 25 procedures and procedural rights applicable to the forfeiture 12 26 action. 12 27 Sec. 9. NEW SECTION. 809A.9 LIENS. 12 28 1. The prosecuting attorney may file, without a filing 12 29 fee, a lien for the forfeiture of property if any of the 12 30 following apply: 12 31 a. Upon the initiation of any civil or criminal proceeding 12 32 relating to conduct giving rise to forfeiture under this 12 33 chapter. 12 34 b. Upon seizure for forfeiture. 12 35 c. In connection with a proceeding or seizure for 13 1 forfeiture in any other state under a state or federal statute 13 2 substantially similar to the relevant provisions of this 13 3 chapter. The filing constitutes notice to any person claiming 13 4 an interest in the seized property or in property owned by the 13 5 named person. 13 6 2. The lienor, as soon as practical, but not later than 13 7 ten days, after filing a lien, shall furnish to any person 13 8 named in the lien a notice of the filing of the lien. Failure 13 9 to furnish notice under this subsection shall not invalidate 13 10 or otherwise affect the lien. 13 11 3. The lien notice shall set forth all of the following: 13 12 a. The name of the person and, in the discretion of the 13 13 lienor, any aliases, or the name of any corporation, 13 14 partnership, trust, or other entity, including nominees, that 13 15 are owned entirely or in part, or controlled by the person. 13 16 b. The description of the seized property or the criminal 13 17 or civil proceeding that has been brought relating to conduct 13 18 giving rise to forfeiture under the chapter. 13 19 c. The amount claimed by the lienor. 13 20 d. The name of the district court where the proceeding or 13 21 action has been brought. 13 22 e. The case number of the proceeding or action if known at 13 23 the time of the filing of the lien. 13 24 4. The notice of forfeiture lien shall be filed in 13 25 accordance with the provisions of the laws of this state 13 26 relating to the type of property that is subject to the lien. 13 27 The validity and priority of the forfeiture lien shall be 13 28 determined in accordance with applicable law pertaining to 13 29 liens. 13 30 5. A lien filed pursuant to this section applies to the 13 31 described property or to one named person, any aliases, 13 32 fictitious names, or other names, including the names of any 13 33 corporation, partnership, trust, or other entity, owned 13 34 entirely or in part, or controlled by the named person, and 13 35 any interest in real property owned or controlled by the named 14 1 person. A separate forfeiture lien shall be filed for each 14 2 named person. 14 3 6. The lien notice creates, upon filing, a lien in favor 14 4 of the lienor as it relates to the property or the named 14 5 person or related entities. The lien secures the amount of 14 6 potential liability for civil judgment, and, if applicable, 14 7 the fair market value of property relating to all proceedings 14 8 under this chapter enforcing the lien. 14 9 7. The lienor may amend or release, in whole or in part, a 14 10 lien filed under this section at any time by filing, without a 14 11 filing fee, an amended lien. 14 12 8. Upon entry of judgment in its favor, the state may 14 13 proceed to execute on the lien as provided by law. 14 14 Sec. 10. NEW SECTION. 809A.10 TRUSTEES. 14 15 1. Except as provided in subsection 2, a trustee, 14 16 constructive or otherwise, who has notice that a notice of 14 17 forfeiture lien, or a notice of pending forfeiture, or a civil 14 18 forfeiture proceeding has been filed against the property or 14 19 against any person or entity for whom the person holds title 14 20 or appears as record owner, shall furnish within fifteen days 14 21 of such notice, to the seizing agency, or the prosecuting 14 22 attorney all of the following: 14 23 a. The name and address of each person or entity for whom 14 24 the property is held. 14 25 b. The description of all other property whose legal title 14 26 is held for the benefit of the named person. 14 27 c. A copy of the applicable trust agreement or other 14 28 instrument, if any, under which the trustee or other person 14 29 holds legal title or appears as record owner of the property. 14 30 2. Subsection 1 is inapplicable if any of the following 14 31 applies: 14 32 a. A trustee is acting under a recorded subdivision trust 14 33 agreement or a recorded deed of trust. 14 34 b. All of the information is of record in the public 14 35 records giving notice of liens on that type of property. 15 1 3. A trustee with notice who knowingly fails to comply 15 2 with the provisions of this section commits a class "D" 15 3 felony, and shall be fined not less than ten thousand dollars 15 4 per day for each day of noncompliance. 15 5 4. A trustee with notice who fails to comply with 15 6 subsection 1 is subject to a civil penalty of three hundred 15 7 dollars for each day of noncompliance. The court shall enter 15 8 judgment ordering payment of three hundred dollars for each 15 9 day of noncompliance from the effective date of the notice 15 10 until the required information is furnished or the state 15 11 executes its judgment lien under this section. 15 12 5. To the extent permitted by the Constitution of the 15 13 United States and the Constitution of the State of Iowa, the 15 14 duty to comply with subsection 1 shall not be excused by any 15 15 privilege or provision of law of this state or any other state 15 16 or country which authorizes or directs that testimony or 15 17 records required to be furnished pursuant to subsection 1 are 15 18 privileged or confidential or otherwise may not be disclosed. 15 19 6. A trustee who furnishes information pursuant to 15 20 subsection 1 is immune from civil liability for the release of 15 21 information. 15 22 7. An employee of the seizing agency or the prosecuting 15 23 attorney who releases the information obtained pursuant to 15 24 subsection 1, except in the proper discharge of official 15 25 duties, commits a serious misdemeanor. 15 26 8. If any information furnished pursuant to subsection 1 15 27 is offered in evidence, the court may seal that portion of the 15 28 record or may order that the information be disclosed in a 15 29 designated way. 15 30 9. A judgment or an order of payment entered pursuant to 15 31 this section becomes a judgment lien against the property 15 32 alleged to be subject to forfeiture. 15 33 Sec. 11. NEW SECTION. 809A.11 CLAIMS – PETITIONS FOR 15 34 RECOGNITION OF EXEMPTION. 15 35 1. Only an owner of or interest holder in property seized 16 1 for forfeiture may file a claim, and shall do so in the manner 16 2 provided in this section. The claim shall be mailed to the 16 3 seizing agency and to the prosecuting attorney by restricted 16 4 certified mail or other service which indicates the date on 16 5 which the claim was received by the seizing agency and 16 6 prosecuting attorney within thirty days after the effective 16 7 date of notice of pending forfeiture. An extension of time 16 8 for the filing of a claim shall only be granted for good cause 16 9 shown for mistake, inadvertence, surprise, excusable neglect, 16 10 or unavoidable casualty. 16 11 2. The prosecuting attorney shall make an opportunity to 16 12 file a petition for recognition of exemption available by so 16 13 indicating in the notice of pending forfeiture described in 16 14 section 809A.8, subsection 2. 16 15 3. The claim or petition and all supporting documents 16 16 shall be in affidavit form, signed by the claimant under oath, 16 17 and sworn to by the affiant before one who has authority to 16 18 administer the oath, under penalty of perjury and shall set 16 19 forth all of the following: 16 20 a. The caption of the proceedings and identifying number, 16 21 if any, as set forth on the notice of pending forfeiture or 16 22 complaint, the name of the claimant or petitioner, and the 16 23 name of the prosecuting attorney who authorized the notice of 16 24 pending forfeiture or complaint. 16 25 b. The address where the claimant or petitioner will 16 26 accept mail. 16 27 c. The nature and extent of the claimant's or petitioner's 16 28 interest in the property. 16 29 d. The date, the identity of the transferor, and the 16 30 circumstances of the claimant's or petitioner's acquisition of 16 31 the interest in the property. 16 32 e. The specific provision of law relied on in asserting 16 33 that the property is not subject to forfeiture. 16 34 f. All essential facts supporting each assertion. 16 35 g. The specific relief sought. 17 1 Sec. 12. NEW SECTION. 809A.12 JUDICIAL PROCEEDINGS 17 2 GENERALLY. 17 3 1. A judicial forfeiture proceeding under this chapter is 17 4 subject to the provisions of this section. 17 5 2. The court, before or after the filing of a notice of 17 6 pending forfeiture or complaint and on application of the 17 7 prosecuting attorney, may do any of the following: 17 8 a. Enter a restraining order or injunction. 17 9 b. Require the execution of satisfactory performance 17 10 bonds. 17 11 c. Create receiverships. 17 12 d. Appoint conservators, custodians, appraisers, 17 13 accountants, or trustees. 17 14 e. Take any other action to seize, secure, maintain, or 17 15 preserve the availability of property subject to forfeiture 17 16 under this chapter, including a writ of attachment or a 17 17 warrant for its seizure. 17 18 3. The court, after five days' notice to the prosecuting 17 19 attorney, may issue an order to show cause to the seizing 17 20 agency, for a hearing on the sole issue of whether probable 17 21 cause for forfeiture of the property then exists if all of the 17 22 following exist: 17 23 a. Property is seized for forfeiture or a forfeiture lien 17 24 is filed without a previous judicial determination of probable 17 25 cause, order of forfeiture, or a hearing under section 17 26 809A.14, subsection 4. 17 27 b. An owner of or interest holder in the property files an 17 28 application for a hearing within ten days after notice of its 17 29 seizure for forfeiture or lien, or actual knowledge of its 17 30 seizure, whichever is earlier. 17 31 c. The owner of or interest holder in the property 17 32 complies with the requirements for claims or petitions in 17 33 section 809A.11. 17 34 The hearing shall be held within thirty days of the order 17 35 to show cause unless continued for good cause on motion of 18 1 either party. 18 2 4. If the court finds in a hearing under subsection 3 that 18 3 no probable cause exists for forfeiture of the property, or if 18 4 the state elects not to contest the issue, the property shall 18 5 be released to the custody of the applicant, as custodian for 18 6 the court, or from the lien pending the outcome of a judicial 18 7 proceeding pursuant to this chapter. If the court finds that 18 8 probable cause for the forfeiture of the property exists, the 18 9 court shall not order the property released. 18 10 5. All applications filed within the ten-day period 18 11 prescribed by subsection 3 shall be consolidated for a single 18 12 hearing relating to each applicant's interest in the property 18 13 seized for forfeiture. 18 14 6. A defendant convicted in any criminal proceeding is 18 15 precluded from later denying the essential allegations of the 18 16 criminal offense of which the defendant was convicted in any 18 17 proceeding pursuant to this section. For the purposes of this 18 18 section, a conviction results from a verdict or a plea of 18 19 guilty. A defendant whose conviction is overturned on appeal 18 20 may file a motion to correct, vacate, or modify a judgment of 18 21 forfeiture under this subsection. 18 22 7. In any proceeding under this chapter, if a claim is 18 23 based on an exemption provided for in this chapter, the burden 18 24 of proving the existence of the exemption is on the claimant. 18 25 However, once the claimant comes forward with some evidence 18 26 supporting the existence of the exemption, the state must 18 27 provide some evidence to negate the assertion of the 18 28 exemption. The state's evidence must be substantial, though 18 29 not necessarily rising to the level of a preponderance of the 18 30 evidence, and more than a simple assertion of the claimant's 18 31 interest in the property. The agency or political subdivision 18 32 bringing the forfeiture action shall pay the reasonable 18 33 attorneys fees and costs, as determined by the court, incurred 18 34 by a claimant who prevails on a claim for exemption in a 18 35 proceeding under this chapter. 19 1 8. In hearings and determinations pursuant to this 19 2 section, the court may receive and consider, in making any 19 3 determination of probable cause, all evidence admissible in 19 4 determining probable cause at a preliminary hearing or by a 19 5 judge pursuant to chapter 808 together with inferences 19 6 therefrom. 19 7 9. The fact that money or a negotiable instrument was 19 8 found in close proximity to any contraband or an 19 9 instrumentality of conduct giving rise to forfeiture shall 19 10 give rise to the presumption that the money or negotiable 19 11 instrument was the proceeds of conduct giving rise to 19 12 forfeiture or was used or intended to be used to facilitate 19 13 the conduct. 19 14 10. Subject to the exemptions contained in section 809A.5, 19 15 a presumption arises that any property of a person is subject 19 16 to forfeiture under this chapter if the state establishes any 19 17 of the following: 19 18 a. The person has engaged in conduct giving rise to 19 19 forfeiture. 19 20 b. The property was acquired by the person during that 19 21 period of the conduct giving rise to forfeiture or within a 19 22 reasonable time after that period. 19 23 c. No likely source for acquisition of the property exists 19 24 other than the conduct giving rise to the forfeiture. 19 25 11. A finding that property is the proceeds of conduct 19 26 giving rise to forfeiture does not require proof that the 19 27 property is the proceeds of any particular exchange or 19 28 transaction. 19 29 12. A person who acquires property subject to forfeiture 19 30 is a constructive trustee of the property, and its fruits, for 19 31 the benefit of the state, to the extent that the person's 19 32 interest is not exempt from forfeiture. If property subject 19 33 to forfeiture has been commingled with other property, the 19 34 court shall order the forfeiture of the commingled property, 19 35 and of any fruits of the commingled property, to the extent of 20 1 the property subject to forfeiture, unless an owner or 20 2 interest holder proves that specified property does not 20 3 contain property subject to forfeiture, or that the person's 20 4 interest in specified property is exempt from forfeiture. 20 5 13. Title to all property declared forfeited under this 20 6 chapter vests in the state on the commission of the conduct 20 7 giving rise to forfeiture together with the proceeds of the 20 8 property after that time. Any such property or proceeds 20 9 subsequently transferred to any person remain subject to 20 10 forfeiture and thereafter shall be ordered forfeited unless 20 11 the transferee claims and establishes in a hearing under the 20 12 provisions of the chapter that the transferee's interest is 20 13 exempt under section 809A.5. 20 14 14. An acquittal or dismissal in a criminal proceeding 20 15 shall not preclude civil proceedings under this chapter. 20 16 15. For good cause shown, on motion by either party, the 20 17 court may stay discovery in civil forfeiture proceedings 20 18 during a criminal trial for a related criminal indictment or 20 19 information alleging the same conduct, after making provision 20 20 to prevent loss to any party resulting from the stay. Such a 20 21 stay shall not be available pending an appeal. 20 22 16. Except as otherwise provided by this chapter, all 20 23 proceedings hereunder shall be governed by the rules of civil 20 24 procedure. 20 25 17. An action brought pursuant to this chapter shall be 20 26 consolidated with any other action or proceeding brought 20 27 pursuant to this chapter or chapter 626 or 654 relating to the 20 28 same property on motion of the prosecuting attorney, and may 20 29 be consolidated on motion of an owner or interest holder. 20 30 Sec. 13. NEW SECTION. 809A.13 IN REM PROCEEDINGS. 20 31 1. A judicial in rem forfeiture proceeding may be brought 20 32 by the prosecuting attorney in addition to, or in lieu of, 20 33 civil in personam forfeiture procedures, and is also subject 20 34 to the provisions of this section. If a forfeiture is 20 35 authorized by this chapter, it shall be ordered by the court 21 1 in the in rem action. 21 2 2. An action in rem may be brought by the prosecuting 21 3 attorney pursuant to a notice of pending forfeiture or 21 4 verified complaint for forfeiture. The state may serve the 21 5 complaint in the manner provided in section 809A.8, subsection 21 6 2, or as provided by the rules of civil procedure. 21 7 3. Only an owner of or an interest holder in the property 21 8 who has timely filed a proper claim pursuant to section 21 9 809A.11 may file an answer in an action in rem. For the 21 10 purposes of this section, an owner of or interest holder in 21 11 property who has filed a claim and answer shall be referred to 21 12 as a claimant. 21 13 4. The answer shall be signed by the owner or interest 21 14 holder under penalty of perjury and shall be in accordance 21 15 with R.C.P. 72 and shall also set forth all of the following: 21 16 a. The caption of the proceedings and identifying number, 21 17 if any, as set forth on the notice of pending forfeiture or 21 18 complaint and the name of the claimant. 21 19 b. The address where the claimant will accept mail. 21 20 c. The nature and extent of the claimant's interest in the 21 21 property. 21 22 d. The date, the identity of the transferor, and the 21 23 circumstances of the claimant's acquisition of the interest in 21 24 the property. 21 25 e. The specific provision of this chapter relied on in 21 26 asserting that it is not subject to forfeiture. 21 27 f. All essential facts supporting each assertion. 21 28 g. The specific relief sought. 21 29 5. The answer shall be filed within twenty days after 21 30 service on the claimant of the civil in rem complaint. 21 31 6. The rules of civil procedure shall apply to discovery 21 32 by the state and any claimant who has timely answered the 21 33 complaint. 21 34 7. The forfeiture hearing shall be held without a jury and 21 35 within sixty days after service of the complaint unless 22 1 continued for good cause. The prosecuting attorney shall have 22 2 the initial burden of proving the property is subject to 22 3 forfeiture by a preponderance of the evidence. If the state 22 4 so proves the property is subject to forfeiture, the claimant 22 5 has the burden of proving that the claimant has an interest in 22 6 the property which is exempt from forfeiture under this 22 7 chapter by a preponderance of the evidence. 22 8 8. The court shall order the interest in the property 22 9 returned or conveyed to the claimant if the prosecuting 22 10 attorney fails to meet the state's burden or the claimant 22 11 establishes by a preponderance of the evidence that the 22 12 claimant has an interest that is exempt from forfeiture. The 22 13 court shall order all other property forfeited to the state 22 14 and conduct further proceedings pursuant to sections 809A.16 22 15 and 809A.17. 22 16 Sec. 14. NEW SECTION. 809A.14 IN PERSONAM PROCEEDINGS. 22 17 1. A judicial in personam forfeiture proceeding brought by 22 18 a prosecuting attorney pursuant to an in personam civil action 22 19 alleging conduct giving rise to forfeiture is subject to the 22 20 provisions of this section. If a forfeiture is authorized by 22 21 this chapter, it shall be ordered by the court in the in 22 22 personam action. This action shall be in addition to or in 22 23 lieu of in rem forfeiture procedures. 22 24 2. The court, on application of the prosecuting attorney, 22 25 may enter any order authorized by section 809A.12, or any 22 26 other appropriate order to protect the state's interest in 22 27 property forfeited or subject to forfeiture. 22 28 3. The court may issue a temporary restraining order on 22 29 application of the prosecuting attorney, if the state 22 30 demonstrates both of the following: 22 31 a. Probable cause exists to believe that in the event of a 22 32 final judgment, the property involved would be subject to 22 33 forfeiture under this chapter. 22 34 b. Provision of notice would jeopardize the availability 22 35 of the property for forfeiture. 23 1 4. Notice of the issuance of a temporary restraining order 23 2 and an opportunity for a hearing shall be given to persons 23 3 known to have an interest in the property. A hearing shall be 23 4 held at the earliest possible date in accordance with R.C.P. 23 5 326, and shall be limited to the following issues: 23 6 a. Whether a probability exists that the state will 23 7 prevail on the issue of forfeiture. 23 8 b. Whether the failure to enter the order will result in 23 9 the property being destroyed, conveyed, encumbered, removed 23 10 from the jurisdiction of the court, concealed, or otherwise 23 11 made unavailable for forfeiture. 23 12 c. Whether the need to preserve the availability of 23 13 property outweighs the hardship on any owner or interest 23 14 holder against whom the order is to be entered. 23 15 5. On a determination that a person committed conduct 23 16 giving rise to forfeiture under this chapter, the court shall 23 17 do both of the following: 23 18 a. Enter a judgment of forfeiture of the property found to 23 19 be subject to forfeiture described in the complaint. 23 20 b. Authorize the prosecuting attorney or designee or any 23 21 law enforcement officer to seize all property ordered 23 22 forfeited which was not previously seized or is not under 23 23 seizure. 23 24 6. Except as provided in section 809A.12, a person 23 25 claiming an interest in property subject to forfeiture under 23 26 this chapter shall not intervene in a trial or appeal of a 23 27 criminal action or in an in personam civil action involving 23 28 the forfeiture of the property. 23 29 7. Following the entry of an in personam forfeiture order, 23 30 the prosecuting attorney may proceed with an in rem action to 23 31 resolve the remaining interests in the property. The 23 32 following procedures shall apply: 23 33 a. The prosecuting attorney shall give notice of pending 23 34 forfeiture, in the manner provided in section 809A.8, to all 23 35 owners and interest holders who have not previously been given 24 1 notice. 24 2 b. An owner of or interest holder in property that has 24 3 been ordered forfeited and whose claim is not precluded may 24 4 file a claim as described in section 809A.11, within thirty 24 5 days after initial notice of pending forfeiture or after 24 6 notice under paragraph "a", whichever is earlier. 24 7 c. If the state does not recognize the claimed exemption, 24 8 the prosecuting attorney shall file a complaint and the court 24 9 shall hold an in rem forfeiture hearing as provided for in 24 10 section 809A.13. 24 11 d. In accordance with the findings made at the hearing, 24 12 the court may amend the order of forfeiture if it determines 24 13 that any claimant has established by a preponderance of the 24 14 evidence that the claimant has an interest in the property 24 15 which is exempt under the provisions of section 809A.5. 24 16 Sec. 15. NEW SECTION. 809A.15 SUBSTITUTED ASSETS – 24 17 SUPPLEMENTAL REMEDIES. 24 18 1. The court shall order the forfeiture of any other 24 19 property of a person, including a claimant, up to the value of 24 20 that person's property found by the court to be subject to 24 21 forfeiture under this chapter, if any of the following applies 24 22 to the person's forfeitable property: 24 23 a. The forfeitable property cannot be located. 24 24 b. The forfeitable property has been transferred or 24 25 conveyed to, sold to, or deposited with a third party. 24 26 c. The forfeitable property is beyond the jurisdiction of 24 27 the court. 24 28 d. The forfeitable property has been substantially 24 29 diminished in value while not in the actual physical custody 24 30 of the court, the seizing agency, the prosecuting attorney, or 24 31 their designee. 24 32 e. The forfeitable property has been commingled with other 24 33 property that cannot be divided without difficulty. 24 34 f. The forfeitable property is subject to any interest of 24 35 another person which is exempt from forfeiture under this 25 1 chapter. 25 2 2. a. The prosecuting attorney may institute a civil 25 3 action in district court against any person with notice or 25 4 actual knowledge who destroys, conveys, encumbers, removes 25 5 from the jurisdiction of the court, conceals, or otherwise 25 6 renders unavailable property alleged to be subject to 25 7 forfeiture if either of the following apply: 25 8 (1) A forfeiture lien or notice of pending forfeiture has 25 9 been filed and notice given pursuant to section 809A.8. 25 10 (2) A complaint pursuant to section 809A.13 alleging 25 11 conduct giving rise to forfeiture has been filed and notice 25 12 given pursuant to section 809A.8. 25 13 b. The court shall enter a final judgment in an amount 25 14 equal to the value of the lien not to exceed the fair market 25 15 value of the property, or if a lien does not exist, in an 25 16 amount equal to the fair market value of the property, 25 17 together with reasonable investigative expenses and attorney's 25 18 fees. 25 19 c. If a civil proceeding under this chapter is pending in 25 20 court, the action shall be heard by that court. 25 21 Sec. 16. NEW SECTION. 809A.16 DISPOSITION OF PROPERTY. 25 22 1. If notice of pending forfeiture is properly served in 25 23 an action in rem or in personam in which personal property, 25 24 having an estimated value of five thousand dollars or less, as 25 25 established by affidavit provided by the prosecuting attorney, 25 26 is seized, and no claim opposing forfeiture is filed within 25 27 thirty days of service of such notice, the prosecuting 25 28 attorney shall prepare a written declaration of forfeiture of 25 29 the subject property to the state and allocate the property 25 30 according to the provisions of section 809A.17. 25 31 2. Within one hundred eighty days of the date of a 25 32 declaration of forfeiture, an owner or interest holder in 25 33 property declared forfeited pursuant to subsection 1, may 25 34 petition the court to have the declaration of forfeiture set 25 35 aside, after making a prima facie showing that the state 26 1 failed to serve proper notice as provided by section 809A.13. 26 2 Upon such a showing the court shall allow the state to 26 3 demonstrate by a preponderance of the evidence that notice was 26 4 properly served. If the state fails to meet its burden of 26 5 proof, the court may order the declaration of forfeiture set 26 6 aside. The state may proceed with judicial proceedings 26 7 pursuant to this chapter. 26 8 3. Except as provided in subsection 1, if a proper claim 26 9 is not timely filed in an action in rem, or if a proper answer 26 10 is not timely filed in response to a complaint, the 26 11 prosecuting attorney may apply for an order of forfeiture and 26 12 an allocation of forfeited property pursuant to section 26 13 809A.17. Under such circumstance and upon a determination by 26 14 the court that the state's written application established the 26 15 court's jurisdiction, the giving of proper notice, and facts 26 16 sufficient to show probable cause for forfeiture, the court 26 17 shall order the property forfeited to the state. 26 18 4. After final disposition of all claims timely filed in 26 19 an action in rem, or after final judgment and disposition of 26 20 all claims timely filed in an action in personam, the court 26 21 shall enter an order that the state has clear title to the 26 22 forfeited property interest. Title to the forfeited property 26 23 interest and its proceeds shall be deemed to have vested in 26 24 the state on the commission of the conduct giving rise to the 26 25 forfeiture under this chapter. 26 26 5. The court, on application of the prosecuting attorney, 26 27 may release or convey forfeited personal property to a 26 28 regulated interest holder or interest holder if any of the 26 29 following applies: 26 30 a. The prosecuting attorney, in the attorney's discretion, 26 31 has recognized in writing that the regulated interest holder 26 32 or interest holder has an interest in the property and informs 26 33 the court that the property interest is exempt from 26 34 forfeiture. 26 35 b. The regulated interest holder's or interest holder's 27 1 interest was acquired in the regular course of business as a 27 2 regulated interest holder or interest holder. 27 3 c. The amount of the regulated interest holder's or 27 4 interest holder's encumbrance is readily determinable and has 27 5 been reasonably established by proof made available by the 27 6 prosecuting attorney to the court. 27 7 d. The encumbrance held by the regulated interest holder 27 8 or interest holder seeking possession is the only interest 27 9 exempted from forfeiture and the order forfeiting the property 27 10 to the state transferred all of the rights of the owner prior 27 11 to forfeiture, including rights to redemption, to the state. 27 12 6. After the court's release or conveyance under 27 13 subsection 5, the regulated interest holder or interest holder 27 14 shall dispose of the property by a commercially reasonable 27 15 public sale. Within ten days of disposition the regulated 27 16 interest holder or interest holder shall tender to the state 27 17 the amount received at disposition less the amount of the 27 18 regulated interest holder's or interest holder's encumbrance 27 19 and reasonable expense incurred by the regulated interest 27 20 holder or interest holder in connection with the sale or 27 21 disposal. For the purposes of this section, "commercially 27 22 reasonable" means a sale or disposal that would be 27 23 commercially reasonable under chapter 554, article 7. 27 24 7. On order of the court or declaration of forfeiture 27 25 forfeiting the subject property, the state may transfer good 27 26 and sufficient title to any subsequent purchaser or 27 27 transferee. The title shall be recognized by all courts and 27 28 agencies of this state, and any political subdivision. On 27 29 entry of judgment in favor of a person claiming an interest in 27 30 the property that is subject to forfeiture proceedings under 27 31 this chapter, the court shall enter an order that the property 27 32 or interest in property shall be released or delivered 27 33 promptly to that person free of liens and encumbrances under 27 34 this chapter, and that the person's cost bond shall be 27 35 discharged. 28 1 8. Upon motion by the prosecuting attorney, if it appears 28 2 after a hearing that reasonable cause existed for the seizure 28 3 for forfeiture or for the filing of the notice of pending 28 4 forfeiture or complaint, the court shall find all of the 28 5 following: 28 6 a. That reasonable cause existed, or that the action was 28 7 taken under a reasonable good faith belief that it was proper. 28 8 b. That the claimant is not entitled to costs or damages. 28 9 c. That the person or seizing agency who made the seizure 28 10 and the prosecuting attorney are not liable to suit or 28 11 judgment for the seizure, suit, or prosecution. 28 12 Sec. 17. NEW SECTION. 809A.17 DISPOSITION OF FORFEITED 28 13 PROPERTY. 28 14 1. A person having control over forfeited property shall 28 15 communicate that fact to the attorney general or the attorney 28 16 general's designee. 28 17 2. Forfeited property not needed as evidence in a criminal 28 18 case shall be delivered to the department of justice, or, upon 28 19 written authorization of the attorney general or the attorney 28 20 general's designee, the property may be destroyed, sold, or 28 21 delivered to an appropriate agency for disposal in accordance 28 22 with this section. 28 23 3. Forfeited property may be used by the department of 28 24 justice in the enforcement of the criminal law. The 28 25 department may give, sell, or trade property to any other 28 26 state agency or to any other law enforcement agency within the 28 27 state if, in the opinion of the attorney general, it will 28 28 enhance law enforcement within the state. 28 29 4. Forfeited property which is not used by the department 28 30 of justice in the enforcement of the law may be requisitioned 28 31 by the department of public safety or any law enforcement 28 32 agency within the state for use in enforcing the criminal laws 28 33 of this state. Forfeited property not requisitioned may be 28 34 delivered to the director of the department of general 28 35 services to be disposed of in the same manner as property 29 1 received pursuant to section 18.15. 29 2 5. Notwithstanding subsection 1, 2, 3, or 4, the following 29 3 apply: 29 4 a. Forfeited property which is a controlled substance or a 29 5 simulated, counterfeit, or imitation-controlled substance 29 6 shall be disposed of as provided in section 124.506. 29 7 b. Forfeited property which is a weapon or ammunition 29 8 shall be deposited with the department of public safety to be 29 9 disposed of in accordance with the rules of the department. 29 10 All weapons or ammunition may be held for use in law 29 11 enforcement, testing, or comparison by the criminalistics 29 12 laboratory, or destroyed. Ammunition and firearms which are 29 13 not illegal and are not offensive weapons as defined by 29 14 section 724.1 may be sold by the department as provided in 29 15 section 809.21. 29 16 c. Material in violation of chapter 728 shall be 29 17 destroyed. 29 18 d. Property subject to the rules of the natural resource 29 19 commission shall be delivered to that commission for disposal 29 20 in accordance with its rules. 29 21 Sec. 18. NEW SECTION. 809A.18 POWERS OF ENFORCEMENT 29 22 PERSONNEL. 29 23 1. A prosecuting attorney may conduct an investigation of 29 24 any conduct that gives rise to forfeiture. The prosecuting 29 25 attorney is authorized, before the commencement of a 29 26 proceeding or action under this chapter, to subpoena 29 27 witnesses, and compel their attendance, examine them under 29 28 oath, and require the production of documentary evidence for 29 29 inspection, reproducing, or copying. Except as otherwise 29 30 provided by this section, the prosecuting attorney shall 29 31 proceed under this subsection with the same powers and 29 32 limitations, and judicial oversight and enforcement, and in 29 33 the manner provided by this chapter and by the Iowa rules of 29 34 civil procedure. Any person compelled to appear under a 29 35 demand for oral testimony under this section may be 30 1 accompanied, represented, and advised by counsel. 30 2 2. The examination of all witnesses under this section 30 3 shall be conducted by the prosecuting attorney before an 30 4 officer authorized to administer oaths. The testimony shall 30 5 be taken by a certified shorthand reporter or by a sound 30 6 recording device and shall be transcribed or otherwise 30 7 preserved. The prosecuting attorney may exclude from the 30 8 examination all persons except the witness, the witness' 30 9 counsel, the officer before whom the testimony is to be taken, 30 10 law enforcement officials, and a certified shorthand reporter. 30 11 Prior to oral examination, the person shall be advised of the 30 12 person's right to refuse to answer any questions on the basis 30 13 of the privilege against self-incrimination. The examination 30 14 shall be conducted in a manner consistent with the rules 30 15 dealing with the taking of depositions. 30 16 3. Except as otherwise provided in this section, prior to 30 17 the filing of a civil or criminal proceeding or action 30 18 relating to such a proceeding, documentary material, 30 19 transcripts, or oral testimony, in the possession of the 30 20 prosecuting attorney, shall not be available for examination 30 21 by any individual other than a law enforcement official or 30 22 agent of such official without the consent of the person who 30 23 produced the material, transcripts, or oral testimony. 30 24 4. A person shall not knowingly remove from any place, 30 25 conceal, withhold, destroy, mutilate, alter, or by any other 30 26 means falsify any documentary material that is the subject of 30 27 a subpoena, with intent to avoid, evade, prevent, or obstruct 30 28 compliance in whole or in part by any person with any duly 30 29 served subpoena of the prosecuting attorney under this 30 30 section. A violation of this subsection is a class "D" 30 31 felony. The prosecuting attorney shall investigate and 30 32 prosecute suspected violations of this subsection. 30 33 Sec. 19. NEW SECTION. 809A.19 IMMUNITY ORDERS. 30 34 1. If a person is or may be called to produce evidence at 30 35 a deposition, hearing, or trial under this chapter or at an 31 1 investigation brought by the prosecuting attorney under 31 2 section 809A.18, the district court in which the deposition, 31 3 hearing, trial, or investigation is or may be held shall, upon 31 4 certification in writing of a request of the prosecuting 31 5 attorney, issue an order, ex parte or after a hearing, 31 6 requiring the person to produce evidence, notwithstanding that 31 7 person's refusal to do so on the basis of the privilege 31 8 against self-incrimination. 31 9 2. The prosecuting attorney may certify in writing a 31 10 request for an ex parte order under subsection 1 if in the 31 11 prosecuting attorney's judgment both of the following apply: 31 12 a. The production of the evidence may be necessary to the 31 13 public interest. 31 14 b. The person has refused or is likely to refuse to 31 15 produce evidence on the basis of the privilege against self- 31 16 incrimination. 31 17 3. A person shall not refuse to comply with an order 31 18 issued under subsection 1 on the basis of a self-incrimination 31 19 privilege. If the person refuses to comply with the order 31 20 after being informed of its existence by the presiding 31 21 officer, the person may be compelled or punished by the 31 22 district court issuing an order for civil or criminal 31 23 contempt. 31 24 4. The production of evidence compelled by order issued 31 25 under subsection 1, and any information directly or indirectly 31 26 derived from the production of evidence, shall not be used 31 27 against the person in a subsequent criminal case, except in a 31 28 prosecution for perjury, false swearing, or an offense 31 29 otherwise involving a failure to comply with the order. 31 30 Sec. 20. NEW SECTION. 809A.20 STATUTE OF LIMITATIONS. 31 31 A civil action under this chapter shall be commenced within 31 32 five years after the last conduct giving rise to forfeiture or 31 33 the cause of action becomes known or should have become known, 31 34 excluding any time during which either the property or 31 35 defendant is out of the state or in confinement, or during 32 1 which criminal proceedings relating to the same conduct are 32 2 pending. 32 3 Sec. 21. NEW SECTION. 809A.21 SUMMARY FORFEITURE OF 32 4 CONTROLLED SUBSTANCES. 32 5 Controlled substances included in chapter 124 which are 32 6 contraband and any controlled substance whose owners are 32 7 unknown are summarily forfeited to the state. The court may 32 8 include in any judgment under this chapter an order forfeiting 32 9 any controlled substance involved in the conduct giving rise 32 10 to forfeiture to the extent of the defendant's interest. 32 11 Sec. 22. NEW SECTION. 809A.22 BAR TO COLLATERAL ACTION. 32 12 A person claiming an interest in property subject to 32 13 forfeiture shall not commence or maintain any action against 32 14 the state concerning the validity of the alleged interest 32 15 other than as provided in this chapter. 32 16 Sec. 23. NEW SECTION. 809A.23 STATUTORY CONSTRUCTION. 32 17 The provisions of this chapter shall be liberally construed 32 18 to effectuate its remedial purposes. Civil remedies under 32 19 this chapter shall be supplemental and not mutually exclusive. 32 20 The civil remedies do not preclude and are not precluded by 32 21 any other provision of law. 32 22 Sec. 24. NEW SECTION. 809A.24 UNIFORMITY OF APPLICATION. 32 23 1. The provisions of this chapter shall be applied and 32 24 construed to effectuate its general purpose to make uniform 32 25 the law with respect to the subject of this chapter among 32 26 states enacting this law. 32 27 2. The attorney general may enter into reciprocal 32 28 agreements with the attorney general or chief prosecuting 32 29 attorney of any state to effectuate the purposes of this 32 30 chapter. 32 31 Sec. 25. NEW SECTION. 809A.25 RULEMAKING. 32 32 The attorney general shall adopt, amend, or repeal rules 32 33 pursuant to chapter 17A to carry out the provisions of this 32 34 chapter. 32 35 DIVISION II 33 1 IOWA ONGOING CRIMINAL CONDUCT ACT 33 2 Sec. 26. NEW SECTION. 706A.1 DEFINITIONS. 33 3 In this chapter, unless the context otherwise requires: 33 4 1. "Criminal network" means any combination of persons 33 5 engaging, for financial gain on a continuing basis, in conduct 33 6 which is an indictable offense under the laws of this state 33 7 regardless of whether such conduct is charged or indicted. As 33 8 used in this subsection, persons combine if they collaborate 33 9 or act in concert in carrying on or furthering the activities 33 10 or purposes of a network even though such persons may not know 33 11 each other's identity, membership in the network changes from 33 12 time to time, or one or more members of the network stand in a 33 13 wholesaler-retailer, service provider, or other arm's length 33 14 relationship with others as to conduct in the furtherance of 33 15 the financial goals of the network. 33 16 2. "Enterprise" includes any sole proprietorship, 33 17 partnership, corporation, trust, or other legal entity, or any 33 18 unchartered union, association, or group of persons associated 33 19 in fact although not a legal entity, and includes unlawful as 33 20 well as lawful enterprises. 33 21 3. "Proceeds" means property acquired or derived directly 33 22 or indirectly from, produced through, realized through, or 33 23 caused by an act or omission and includes any property of any 33 24 kind. 33 25 4. "Property" means anything of value, and includes any 33 26 interest in property, including any benefit, privilege, claim, 33 27 or right with respect to anything of value, whether real or 33 28 personal, tangible, or intangible, without reduction for 33 29 expenses incurred for acquisition, maintenance, production, or 33 30 any other purpose. 33 31 5. "Specified unlawful activity" means any act, including 33 32 any preparatory or completed offense, committed for financial 33 33 gain on a continuing basis, that is punishable as an 33 34 indictable offense under the laws of the state in which it 33 35 occurred and under the laws of this state. 34 1 Sec. 27. NEW SECTION. 706A.2 VIOLATIONS. 34 2 1. SPECIFIED UNLAWFUL ACTIVITY INFLUENCED ENTERPRISES. 34 3 a. It is unlawful for any person who has knowingly 34 4 received any proceeds of specified unlawful activity to use or 34 5 invest, directly or indirectly, any part of such proceeds in 34 6 the acquisition of any interest in any enterprise or any real 34 7 property, or in the establishment or operation of any 34 8 enterprise. 34 9 b. It is unlawful for any person to knowingly acquire or 34 10 maintain, directly or indirectly, any interest in or control 34 11 of any enterprise or real property through specified unlawful 34 12 activity. 34 13 c. It is unlawful for any person to knowingly conduct the 34 14 affairs of any enterprise through specified unlawful activity 34 15 or to knowingly participate, directly, or indirectly, in any 34 16 enterprise that the person knows is being conducted through 34 17 specified unlawful activity. 34 18 d. It is unlawful for any person to conspire or attempt to 34 19 violate or to solicit or facilitate the violations of the 34 20 provisions of paragraphs "a", "b", or "c". 34 21 2. FACILITATION OF A CRIMINAL NETWORK. It is unlawful for 34 22 a person acting with knowledge of the financial goals and 34 23 criminal objectives of a criminal network to knowingly 34 24 facilitate criminal objectives of the network by doing any of 34 25 the following: 34 26 a. Engaging in violence or intimidation or inciting or 34 27 inducing another to engage in violence or intimidation. 34 28 b. Inducing or attempting to induce a person believed to 34 29 have been called or who may be called as a witness to 34 30 unlawfully withhold any testimony, testify falsely, or absent 34 31 themselves from any official proceeding to which the potential 34 32 witness has been legally summoned. 34 33 c. Attempting by means of bribery, misrepresentation, 34 34 intimidation, or force to obstruct, delay, or prevent the 34 35 communication of information or testimony relating to a 35 1 violation of any criminal statute to a peace officer, 35 2 magistrate, prosecutor, grand jury, or petit jury. 35 3 d. Injuring or damaging another person's body or property 35 4 because that person or any other person gave information or 35 5 testimony to a peace officer, magistrate, prosecutor, or grand 35 6 jury. 35 7 e. Attempting to suppress by an act of concealment, 35 8 alteration, or destruction any physical evidence that might 35 9 aid in the discovery, apprehension, prosecution, or conviction 35 10 of any person. 35 11 f. Making any property available to a member of the 35 12 criminal network. 35 13 g. Making any service other than legal services available 35 14 to a member of the criminal network. 35 15 h. Inducing or committing any act or omission by a public 35 16 servant in violation of the public servant's official duty. 35 17 i. Obtaining any benefit for a member of a criminal 35 18 network by means of false or fraudulent pretenses, 35 19 representation, promises or material omissions. 35 20 j. Making a false sworn statement regarding a material 35 21 issue, believing it to be false, or making any statement, 35 22 believing it to be false, regarding a material issue to a 35 23 public servant in connection with an application for any 35 24 benefit, privilege, or license, or in connection with any 35 25 official investigation or proceeding. 35 26 3. MONEY LAUNDERING. It is unlawful for a person to 35 27 commit money laundering as defined in chapter 706B. 35 28 4. ACTS OF SPECIFIED UNLAWFUL ACTIVITY. It is unlawful 35 29 for a person to commit specified unlawful activity as defined 35 30 in section 706A.1. 35 31 5. NEGLIGENT EMPOWERMENT OF SPECIFIED UNLAWFUL ACTIVITY. 35 32 a. It is unlawful for a person to negligently allow 35 33 property owned or controlled by the person or services 35 34 provided by the person, other than legal services, to be used 35 35 to facilitate specified unlawful activity, whether by 36 1 entrustment, loan, rent, lease, bailment, or otherwise. 36 2 b. Damages for negligent empowerment of specified unlawful 36 3 activity shall include all reasonably foreseeable damages 36 4 proximately caused by the specified unlawful activity, 36 5 including, in a case brought or intervened in by the state, 36 6 the costs of investigation and criminal and civil litigation 36 7 of the specified unlawful activity incurred by the government 36 8 for the prosecution and defense of any person involved in the 36 9 specified unlawful activity, and the imprisonment, probation, 36 10 parole, or other expense reasonably necessary to detain, 36 11 punish, and rehabilitate any person found guilty of the 36 12 specified unlawful activity, except for the following: 36 13 (1) If the person empowering the specified unlawful 36 14 activity acted only negligently and was without knowledge of 36 15 the nature of the activity and could not reasonably have known 36 16 of the unlawful nature of the activity or that it was likely 36 17 to occur, damages shall be limited to the greater of the 36 18 following: 36 19 (a) The cost of the investigation and litigation of the 36 20 person's own conduct plus the value of the property or service 36 21 involved as of the time of its use to facilitate the specified 36 22 unlawful activity. 36 23 (b) All reasonably foreseeable damages to any person, 36 24 except any person responsible for the specified unlawful 36 25 activity, and to the general economy and welfare of the state 36 26 proximately caused by the person's own conduct. 36 27 (2) If the property facilitating the specified unlawful 36 28 activity was taken from the possession or control of the 36 29 person without that person's knowledge and against that 36 30 person's will in violation of the criminal law, damages shall 36 31 be limited to reasonably foreseeable damages to any person, 36 32 except persons responsible for the taking or the specified 36 33 unlawful activity, and to the general economy and welfare of 36 34 the state proximately caused by the person's negligence, if 36 35 any, in failing to prevent its taking. 37 1 (3) If the person was aware of the possibility that the 37 2 property or service would be used to facilitate some form of 37 3 specified unlawful activity and acted to prevent the unlawful 37 4 use, damages shall be limited to reasonably foreseeable 37 5 damages to any person, except any person responsible for the 37 6 specified unlawful activity, and to the general economy and 37 7 welfare of the state proximately caused by the person's 37 8 failure, if any, to act reasonably to prevent the unlawful 37 9 use. 37 10 (4) The plaintiff shall carry the burden of proof by a 37 11 preponderance of the evidence that the specified unlawful 37 12 activity occurred and was facilitated by the property or 37 13 services. The defendant shall have the burden of proof by a 37 14 preponderance of the evidence as to circumstances constituting 37 15 lack of negligence and on the limitations on damages in this 37 16 subsection. 37 17 Sec. 28. NEW SECTION. 706A.3 CIVIL REMEDIES – ACTIONS. 37 18 1. The prosecuting attorney or an aggrieved person may 37 19 institute civil proceedings against any person in district 37 20 court seeking relief from conduct constituting a violation of 37 21 this chapter or to prevent, restrain, or remedy such 37 22 violation. 37 23 2. The district court has jurisdiction to prevent, 37 24 restrain, or remedy such violations by issuing appropriate 37 25 orders. Prior to a determination of liability such orders may 37 26 include, but are not limited to, entering restraining orders 37 27 or injunctions, requiring the execution of satisfactory 37 28 performance bonds, creating receiverships, and enforcing 37 29 constructive trusts in connection with any property or 37 30 interest subject to damages, forfeiture, or other remedies or 37 31 restraints pursuant to this chapter. 37 32 3. If the plaintiff in such a proceeding proves the 37 33 alleged violation by a preponderance of the evidence, the 37 34 district court, after making due provision for the rights of 37 35 innocent persons, shall grant relief by entering any 38 1 appropriate order or judgment, including any of the following: 38 2 a. Ordering any defendant to divest the defendant of any 38 3 interest in any enterprise, or in any real property. 38 4 b. Imposing reasonable restrictions upon the future 38 5 activities or investments of any defendant, including, but not 38 6 limited to, prohibiting any defendant from engaging in the 38 7 same type of endeavor as any enterprise in which the defendant 38 8 was engaged in a violation of this chapter. 38 9 c. Ordering the dissolution or reorganization of any 38 10 enterprise. 38 11 d. Ordering the payment of all reasonable costs and 38 12 expenses of the investigation and prosecution of any 38 13 violation, civil or criminal, including reasonable attorney 38 14 fees in the trial and appellate courts. Such payments 38 15 received by the state, by judgment, settlement, or otherwise, 38 16 shall be considered forfeited property and disposed of 38 17 pursuant to section 809A.17. 38 18 e. Ordering the forfeiture of any property subject to 38 19 forfeiture under chapter 809A, pursuant to the provisions and 38 20 procedures of that chapter. 38 21 f. Ordering the suspension or revocation of any license, 38 22 permit, or prior approval granted to any person by any agency 38 23 of the state. 38 24 g. Ordering the surrender of the certificate of existence 38 25 of any corporation organized under the laws of this state or 38 26 the revocation of any certificate authorizing a foreign 38 27 corporation to conduct business within this state, upon 38 28 finding that for the prevention of future violations, the 38 29 public interest requires the certificate of the corporation to 38 30 be surrendered and the corporation dissolved or the 38 31 certificate revoked. 38 32 4. Relief under subsection 3, paragraphs "e", "f", and "g" 38 33 shall not be granted in civil proceedings instituted by an 38 34 aggrieved person unless the prosecuting attorney has 38 35 instituted the proceedings or intervened. In any action under 39 1 this section brought by the state or in which the state has 39 2 intervened, the state may employ any of the powers of seizure 39 3 and restraint of property as are proved for forfeiture actions 39 4 under chapter 809A, or as are provided for the collection of 39 5 taxes payable and past due, and whose collection has been 39 6 determined to be in jeopardy. 39 7 5. In a proceeding initiated under this section, 39 8 injunctive relief shall be granted in conformity with the 39 9 principles that govern the granting of relief from injury or 39 10 threatened injury in other civil cases, but no showing of 39 11 special or irreparable injury is required. Pending final 39 12 determination of a proceeding initiated under this section, a 39 13 temporary restraining order or a preliminary injunction may be 39 14 issued upon a showing of immediate danger of significant 39 15 injury, including the possibility that a judgment for money 39 16 damages might be difficult to execute, and, in a proceeding 39 17 initiated by a nongovernmental aggrieved person, upon the 39 18 execution of proper bond against injury for an injunction 39 19 improvidently granted. 39 20 6. Any person who is in possession or control of proceeds 39 21 of any violation of this chapter, is an involuntary trustee 39 22 and holds the property in constructive trust for the benefit 39 23 of the person entitled to remedies under this chapter, unless 39 24 the holder acquired the property as a bona fide purchaser for 39 25 value who was not knowingly taking part in an illegal 39 26 transaction. 39 27 7. Any person whose business or property is directly or 39 28 indirectly injured by conduct constituting a violation of this 39 29 chapter, by any person, may bring a civil action, subject to 39 30 the in pari delicto defense and shall recover threefold the 39 31 actual damages sustained and the costs and expenses of the 39 32 investigation and prosecution of the action including 39 33 reasonable attorney fees in the trial and appellate courts. 39 34 Damages shall not include pain and suffering. Any person 39 35 injured shall have a claim to any property against which any 40 1 fine, or against which treble damages under subsection 10 or 40 2 11 may be imposed, superior to any right or claim of the state 40 3 to the property, up to the value of actual damages and costs 40 4 awarded in an action under this subsection. The state shall 40 5 have a right of subrogation to the extent that an award made 40 6 to a person so injured is satisfied out of property against 40 7 which any fine or civil remedy in favor of the state may be 40 8 imposed. 40 9 8. a. If liability of a legal entity is based on the 40 10 conduct of another, through respondent superior or otherwise, 40 11 the legal entity shall not be liable for more than actual 40 12 damages and costs, including a reasonable attorney's fee, if 40 13 the legal entity affirmatively shows by a preponderance of the 40 14 evidence that both of the following apply: 40 15 (1) The conduct was not engaged in, authorized, solicited, 40 16 commanded, or recklessly tolerated by the legal entity, by the 40 17 directors of the legal entity or by a high managerial agent of 40 18 the legal entity acting within the scope of employment. 40 19 (2) The conduct was not engaged in by an agent of the 40 20 legal entity acting within the scope of employment and in 40 21 behalf of the legal entity. 40 22 b. For the purposes of this subsection: 40 23 (1) "Agent" means any officer, director, or employee of 40 24 the legal entity, or any other person who is authorized to act 40 25 in behalf of the legal entity. 40 26 (2) "High managerial agent" means any officer of the legal 40 27 entity or, in the case of a partnership, a partner, or any 40 28 other agent in a position of comparable authority with respect 40 29 to the formulation of policy of the legal entity. 40 30 (3) Notwithstanding any other provision of law, any 40 31 pleading, motion, or other paper filed by a nongovernmental 40 32 aggrieved party in connection with a proceeding or action 40 33 under subsection 7 shall be verified. If such aggrieved 40 34 person is represented by an attorney, such pleading, motion, 40 35 or other paper shall be signed by at least one attorney of 41 1 record in the attorney's individual name, whose address shall 41 2 be stated. 41 3 If such pleading, motion, or other paper includes an 41 4 averment of fraud, coercion, accomplice, respondent superior, 41 5 conspiratorial, enterprise, or other vicarious accountability, 41 6 it shall state, insofar as practicable, the circumstances with 41 7 particularity. The verification and the signature by an 41 8 attorney required by this subsection shall constitute a 41 9 certification by the signor that the attorney has carefully 41 10 read the pleading, motion, or other paper and, based on a 41 11 reasonable inquiry, believes that all of the following exist: 41 12 (a) It is well-grounded in fact. 41 13 (b) It is warranted by existing law, or a good faith 41 14 argument for the extension, modification, or reversal of 41 15 existing law. 41 16 (c) It is not made for an improper purpose, including to 41 17 harass, to cause unnecessary delay, or to impose a needless 41 18 increase in the cost of litigation. 41 19 The court may, after a hearing and appropriate findings of 41 20 fact, impose upon any person who verified the complaint, 41 21 cross-claim or counterclaim, or any attorney who signed it in 41 22 violation of this subsection, or both, a fit and proper 41 23 sanction, which may include an order to pay to the other party 41 24 or parties the amount of the reasonable expenses incurred 41 25 because of the complaint or claim, including reasonable 41 26 attorney fees. If the court determines that the filing of a 41 27 complaint or claim under subsection 7 by a nongovernmental 41 28 party was frivolous in whole or in part, the court shall award 41 29 double the actual expenses, including attorney fees, incurred 41 30 because of the frivolous portion of the complaint or claim. 41 31 9. Upon the filing of a complaint, cross-claim, or 41 32 counterclaim under this section, an aggrieved person, as a 41 33 jurisdictional prerequisite, shall immediately notify the 41 34 attorney general of its filing and serve one copy of the 41 35 pleading on the attorney general. Service of the notice on 42 1 the attorney general does not limit or otherwise affect the 42 2 right of the state to maintain an action under this section or 42 3 intervene in a pending action and does not authorize the 42 4 aggrieved person to name the state or the attorney general as 42 5 a party to the action. The attorney general, upon timely 42 6 application, may intervene or appear as amicus curiae in any 42 7 civil proceeding or action brought under this section if the 42 8 attorney general certifies that, in the opinion of the 42 9 attorney general, the proceeding or action is of general 42 10 public importance. In any proceeding or action brought under 42 11 this section by an aggrieved person, the state shall be 42 12 entitled to the same relief as if it had instituted the 42 13 proceeding or action. 42 14 10. a. Any prosecuting attorney may bring a civil action 42 15 on behalf of a person whose business or property is directly 42 16 or indirectly injured by conduct constituting a violation of 42 17 this chapter, and shall recover threefold the damages 42 18 sustained by such person and the costs and expenses of the 42 19 investigation and prosecution of the action, including 42 20 reasonable attorney fees in the trial and appellate courts. 42 21 The court shall exclude from the amount of monetary relief 42 22 awarded any amount of monetary relief which is any of the 42 23 following: 42 24 (1) Which duplicates amounts which have been awarded for 42 25 the same injury. 42 26 (2) Which is properly allocable to persons who have 42 27 excluded their claims under paragraph "c". 42 28 b. In any action brought under this subsection, the 42 29 prosecuting attorney, at such times, in such manner, and with 42 30 such content as the court may direct, shall cause notice of 42 31 the action to be given by publication. If the court finds 42 32 that notice given solely by publication would deny due process 42 33 to any person, the court may direct further notice to such 42 34 person according to the circumstances of the case. 42 35 c. A person on whose behalf an action is brought under 43 1 this subsection may elect to exclude from adjudication the 43 2 portion of the state claim for monetary relief attributable to 43 3 the person by filing notice of such election within such time 43 4 as specified in the notice given under this subsection. 43 5 d. A final judgment in an action under this subsection 43 6 shall preclude any claim under this subsection by a person on 43 7 behalf of whom such action was brought who fails to give 43 8 notice of exclusion within the times specified in the notice 43 9 given under paragraph "b". 43 10 e. An action under this subsection on behalf of a person 43 11 other than the state shall not be dismissed or compromised 43 12 without the approval of the court, and notice of any proposed 43 13 dismissal or compromise shall be given in such manner as the 43 14 court directs. 43 15 11. The attorney general may bring a civil action as 43 16 parens patriae on behalf of the general economy, resources, 43 17 and welfare of this state, and shall recover threefold the 43 18 proceeds acquired, maintained, produced, or realized by or on 43 19 behalf of the defendant by reason of a violation of this 43 20 chapter, plus the costs and expenses of the investigation and 43 21 prosecution of the action, including reasonable attorney fees 43 22 in the trial and appellate courts. 43 23 a. A person who has knowingly conducted or participated in 43 24 the conduct of an enterprise in violation of section 706A.2, 43 25 subsection 1, paragraph "c" is also jointly and severally 43 26 liable for the greater of threefold the damage sustained 43 27 directly or indirectly by the state by reason of conduct in 43 28 furtherance of the violation or threefold the total of all 43 29 proceeds acquired, maintained, produced, or realized by, or on 43 30 behalf of any person by reason of participation in the 43 31 enterprise except for the following: 43 32 (1) A person is not liable for conduct occurring prior to 43 33 the person's first knowing participation in or conduct of the 43 34 enterprise. 43 35 (2) If a person shows that, under circumstances 44 1 manifesting a voluntary and complete renunciation of culpable 44 2 intent, the person withdrew from the enterprise by giving a 44 3 complete and timely warning to law enforcement authorities or 44 4 by otherwise making a reasonable and substantial effort to 44 5 prevent the conduct or result which is the criminal objective 44 6 of the enterprise, the person is not liable for conduct 44 7 occurring after the person's withdrawal. 44 8 b. A person who has facilitated a criminal network in 44 9 violation of section 706A.2, subsection 2, is also jointly and 44 10 severally liable for all of the following: 44 11 (1) The damages resulting from the conduct in furtherance 44 12 of the criminal objectives of the criminal network, to the 44 13 extent that the person's facilitation was of substantial 44 14 assistance to the conduct. 44 15 (2) The proceeds of conduct in furtherance of the criminal 44 16 objectives of the criminal network, to the extent that the 44 17 person's facilitation was of substantial assistance to the 44 18 conduct. 44 19 (3) A person who has engaged in money laundering in 44 20 violation of chapter 706B is also jointly and severally liable 44 21 for the greater of threefold the damages resulting from the 44 22 person's conduct or threefold the property that is the subject 44 23 of the violation. 44 24 Sec. 29. NEW SECTION. 706A.4 CRIMINAL SANCTIONS. 44 25 A person who violates section 706A.2, subsection 1, 2, or 44 26 4, commits a class "B" felony. 44 27 Sec. 30. NEW SECTION. 706A.5 UNIFORMITY OF CONSTRUCTION 44 28 AND APPLICATION. 44 29 1. The provisions of this chapter shall be liberally 44 30 construed to effectuate its remedial purposes. Civil remedies 44 31 under this chapter shall be supplemental and not mutually 44 32 exclusive. Civil remedies under this chapter do not preclude 44 33 and are not precluded by other provisions of law. 44 34 2. The provisions of this chapter shall be applied and 44 35 construed to effectuate its general purpose to make uniform 45 1 the law with respect to the subject of this chapter among 45 2 states enacting the law. 45 3 3. The attorney general may enter into reciprocal 45 4 agreements with the attorney general or chief prosecuting 45 5 attorney of any state to effectuate the purposes of this 45 6 chapter. 45 7 DIVISION III 45 8 IOWA MONEY LAUNDERING ACT 45 9 Sec. 31. NEW SECTION. 706B.1 DEFINITIONS. 45 10 In this chapter, unless the context otherwise requires: 45 11 1. "Proceeds" means property acquired or derived directly 45 12 or indirectly from, produced through, realized through, or 45 13 caused by an act or omission and includes any property of any 45 14 kind. 45 15 2. "Property" means anything of value, and includes any 45 16 interest in property, including any benefit, privilege, claim, 45 17 or right with respect to anything of value, whether real or 45 18 personal, tangible or intangible. 45 19 3. "Specified unlawful activity" means any act, including 45 20 any preparatory or completed offense, committed for financial 45 21 gain on a continuing basis, that is punishable by confinement 45 22 of one year or more under the laws of this state, or, if the 45 23 act occurred outside this state, would be punishable by 45 24 confinement of one year or more under the laws of the state in 45 25 which it occurred and under the laws of this state. 45 26 4. "Transaction" includes a purchase, sale, trade, loan, 45 27 pledge, investment, gift, transfer, transmission, delivery, 45 28 deposit, withdrawal, payment, transfer between accounts, 45 29 exchange of currency, extension of credit, purchase, or sale 45 30 of any monetary instrument, use of a safe deposit box, or any 45 31 other acquisition or disposition of property by whatever means 45 32 effected. 45 33 5. "Unlawful activity" means any act which is chargeable 45 34 or indictable as a public offense of any degree under the laws 45 35 of the state in which the act occurred or under federal law 46 1 and, if the act occurred in a state other than this state, 46 2 would be chargeable or indictable as a public offense of any 46 3 degree under the laws of this state or under federal law. 46 4 Sec. 32. NEW SECTION. 706B.2 MONEY LAUNDERING PENALTY – 46 5 CIVIL REMEDIES. 46 6 1. It is unlawful for a person to do any of the following: 46 7 a. To knowingly transport, receive, or acquire property or 46 8 to conduct a transaction involving property, knowing that the 46 9 property involved is the proceeds of some form of unlawful 46 10 activity, when, in fact, the property is the proceeds of 46 11 specified unlawful activity. 46 12 b. To make property available to another, by transaction, 46 13 transportation, or otherwise, knowing that it is intended to 46 14 be used for the purpose of committing or furthering the 46 15 commission of specified unlawful activity. 46 16 c. To conduct a transaction knowing that the property 46 17 involved in the transaction is the proceeds of some form of 46 18 unlawful activity with the intent to conceal or disguise the 46 19 nature, location, source, ownership, or control of the 46 20 property or the intent to avoid a transaction-reporting 46 21 requirement under chapter 529, the Iowa financial transaction 46 22 reporting Act, or federal law. 46 23 d. To knowingly engage in the business of conducting, 46 24 directing, planning, organizing, initiating, financing, 46 25 managing, supervising, or facilitating transactions involving 46 26 property, knowing that the property involved in the 46 27 transaction is the proceeds of some form of unlawful activity, 46 28 that, in fact, is the proceeds of specified unlawful activity. 46 29 2. A person who violates: 46 30 a. Subsection 1, paragraphs "a", "b", or "c", commits a 46 31 class "C" felony, and may be fined not more than ten thousand 46 32 dollars or twice the value of the property involved, whichever 46 33 is greater, or by imprisonment for not more than 10 years, or 46 34 both. 46 35 b. Subsection 1, paragraph "d", commits a class "D" 47 1 felony, and may be fined not more than seven thousand five 47 2 hundred dollars or twice the value of the property involved, 47 3 whichever is greater, or by imprisonment for not more than 47 4 five years, or both. 47 5 3. A person who violates subsection 1, paragraph "a", "b", 47 6 "c", or "d", is subject to a civil penalty of three times the 47 7 value of the property involved in the transaction, in addition 47 8 to any criminal sanction imposed. 47 9 4. A person who is found guilty of a violation under this 47 10 section also may be charged with violations of chapter 706A, 47 11 and property involved in a violation under this chapter is 47 12 subject to forfeiture under chapter 809A. 47 13 Sec. 33. NEW SECTION. 706B.3 UNIFORMITY OF CONSTRUCTION 47 14 AND APPLICATION. 47 15 1. The provisions of this chapter shall be liberally 47 16 construed to effectuate its remedial purposes. Civil remedies 47 17 under this chapter shall be supplemental and not mutually 47 18 exclusive. The civil remedies do not preclude and are not 47 19 precluded by other provision of law. 47 20 2. The provisions of this chapter shall be applied and 47 21 construed to effectuate its general purpose to make uniform 47 22 the law with respect to the subject of this chapter among 47 23 states enacting the law. 47 24 3. The attorney general may enter into reciprocal 47 25 agreements with the attorney general or chief prosecuting 47 26 attorney of any state to effectuate the purposes of this 47 27 chapter. 47 28 DIVISION IV 47 29 IOWA FINANCIAL TRANSACTION REPORTING ACT 47 30 Sec. 34. NEW SECTION. 529.1 DEFINITIONS. 47 31 In this chapter, unless the context otherwise requires: 47 32 1. "Authorized delegate" means a person designated by the 47 33 licensee. 47 34 2. "Check cashing" means exchanging for compensation a 47 35 check, draft, money order, traveler's check, or a payment 48 1 instrument of a licensee for money delivered to the presenter 48 2 at the time and place of the presentation. 48 3 3. "Compensation" means any fee, commission, or other 48 4 benefit. 48 5 4. "Conduct the business" means engaging in activities of 48 6 a licensee or money transmitter more than ten times in any 48 7 calendar year for compensation. 48 8 5. "Foreign money exchange" means exchanging for 48 9 compensation money of the United States government or a 48 10 foreign government to or from money of another government at a 48 11 conspicuously posted exchange rate at the time and place of 48 12 the presentation of the money to be exchanged. 48 13 6. "Licensee" means a person licensed under this chapter. 48 14 7. "Location" means a place of business at which activity 48 15 conducted by a licensee or money transmitter occurs. 48 16 8. "Money" means a medium of exchange authorized or 48 17 adopted by a domestic or foreign government as a part of its 48 18 currency and that is customarily used and accepted as a medium 48 19 of exchange in the country of issuance. 48 20 9. "Money transmitter" means a person who is located or 48 21 doing business in this state, including a check cashier and a 48 22 foreign money exchanger, and who does any of the following: 48 23 a. Sells or issues payment instruments. 48 24 b. Conducts the business of receiving money for the 48 25 transmission of or transmitting money. 48 26 c. Conducts the business of exchanging payment instruments 48 27 or money into any form of money or payment instrument. 48 28 d. Conducts the business of receiving money for obligors 48 29 for the purpose of paying obligors' bills, invoices, or 48 30 accounts. 48 31 e. Meets the definition of a bank, financial agency, or 48 32 financial institution as prescribed by 31 U.S.C. } 5312 or 31 48 33 C.F.R. } 103.11 and any successor provisions. 48 34 10. "Payment instrument" means a check, draft, money 48 35 order, traveler's check, or other instrument or order for the 49 1 transmission or payment of money, sold to one or more persons, 49 2 whether or not that instrument or order is negotiable. 49 3 "Payment instrument" does not include an instrument that is 49 4 redeemable by the issuer in merchandise or service, a credit 49 5 card voucher, or a letter of credit. 49 6 11. "Proceeds" means anything of value, and includes any 49 7 interest in property, including any benefit, privilege, claim, 49 8 or right with respect to anything of value, whether real or 49 9 personal, tangible or intangible, without reduction for 49 10 expenses incurred for acquisition, maintenance, production, or 49 11 any other purpose. 49 12 12. "Superintendent" means the superintendent of banking 49 13 or the superintendent of credit unions. 49 14 13. "Transaction" includes a purchase, sale, trade, loan, 49 15 pledge, investment, gift, transfer, transmission, delivery, 49 16 deposit, withdrawal, payment, transfer between accounts, 49 17 exchange of currency, extension of credit, purchase, or sale 49 18 of any monetary instrument, use of a safe deposit box, or any 49 19 other acquisition or disposition of property by whatever means 49 20 effected. 49 21 14. "Transmitting money" includes the transmission of 49 22 money by any means including transmission within this country 49 23 or to or from locations abroad by payment instrument, wire, 49 24 facsimile, or electronic transfer, courier, or otherwise. 49 25 15. "Traveler's check" means an instrument identified as a 49 26 traveler's check on its face or commonly recognized as a 49 27 traveler's check and issued in a money multiple of United 49 28 States or foreign currency with a provision for a specimen 49 29 signature of the purchaser to be completed at the time of 49 30 purchase and a countersignature of the purchaser to be 49 31 completed at the time of negotiation. 49 32 Sec. 35. NEW SECTION. 529.2 REPORTS. 49 33 1. A licensee, authorized delegate, or money transmitter 49 34 required to file a report regarding business conducted in this 49 35 state pursuant to the federal Currency and Foreign 50 1 Transactions Reporting Act, 31 U.S.C. } 5311 through 5326 and 50 2 31 C.F.R. pt. 103, or 12 C.F.R. } 21.11, shall file a 50 3 duplicate of that report with the department of public safety. 50 4 2. All persons engaged in a trade or business who are 50 5 required to file a report pursuant to 26 U.S.C. } 6050i and 26 50 6 C.F.R. } 1.6050I, and any successor provisions, concerning 50 7 returns relating to cash received in trade or business, shall 50 8 file a copy of the report with the department of public 50 9 safety. 50 10 3. A licensee, authorized delegate, or money transmitter 50 11 that is regulated under the federal Currency and Foreign 50 12 Transaction Reporting Act, 31 U.S.C. } 5325 and 31 C.F.R. pt. 50 13 103, and that is required to make available prescribed records 50 14 to the secretary of the United States department of treasury 50 15 upon request at any time, shall follow the same prescribed 50 16 procedures and create and maintain the same prescribed records 50 17 relating to a transaction and shall make these records 50 18 available to the department of public safety pursuant to a 50 19 prosecuting attorney subpoena. 50 20 4. a. The timely filing of a report required by this 50 21 section with the appropriate federal agency shall be deemed 50 22 compliance with the reporting requirements of this section, 50 23 unless the attorney general or the department of public safety 50 24 has notified the superintendent that reports of that type are 50 25 not being regularly and comprehensively transmitted by that 50 26 federal agency to the department of public safety. 50 27 b. This chapter does not preclude a licensee, authorized 50 28 delegate, money transmitter, financial institution, or a 50 29 person engaged in a trade or business, in its discretion, from 50 30 instituting contact with, and thereafter communicating with 50 31 and disclosing customer financial records to appropriate state 50 32 or local law enforcement agencies if the licensee, authorized 50 33 delegate, money transmitter, financial institution, or person 50 34 has information that may be relevant to a possible violation 50 35 of any criminal statute or to the evasion or attempted evasion 51 1 of any reporting requirement of this chapter. 51 2 c. A licensee, authorized delegate, money transmitter, 51 3 financial institution, person engaged in a trade or business, 51 4 or any officer, employee, agent, or authorized delegate of any 51 5 of them, or any public official or governmental employee who 51 6 keeps or files a record pursuant to this section or who 51 7 communicates or discloses information or records under 51 8 paragraph "b", is not liable to its customer, to a state or 51 9 local agency, or to any person for any loss or damage caused 51 10 in whole or in part by the making, filing, or governmental use 51 11 of the report, or any information contained in that report. 51 12 5. The attorney general or the department of public safety 51 13 may report any possible violations indicated by analysis of 51 14 the reports required by this chapter to any appropriate law 51 15 enforcement agency for use in the proper discharge of its 51 16 official duties. The attorney general or the department of 51 17 public safety shall provide copies of the reports required by 51 18 this chapter to any appropriate prosecutorial or law 51 19 enforcement agency upon being provided with a written request 51 20 for records relating to a specific individual or entity and 51 21 stating that the agency has an articulable suspicion that such 51 22 individual or entity has committed a felony offense or a 51 23 violation of this chapter to which the reports are relevant. 51 24 A person who releases information received pursuant to this 51 25 subsection except in the proper discharge of the person's 51 26 official duties is guilty of a serious misdemeanor. 51 27 6. It shall be unlawful for any person to do any of the 51 28 following: 51 29 a. With intent to disguise the fact that money or a 51 30 payment instrument is the proceeds of criminal conduct, or 51 31 with intent to promote, manage, establish, carry on, or 51 32 facilitate the promotion, management, establishment, or 51 33 carrying on of any criminal conduct, to knowingly furnish or 51 34 provide to a licensee, authorized delegate, money transmitter, 51 35 financial institution, person engaged in a trade or business, 52 1 or any officer, employee, agent or authorized delegate of any 52 2 of them, or to the attorney general or department of public 52 3 safety, any false, inaccurate, or incomplete information; or 52 4 to knowingly conceal a material fact in connection with a 52 5 transaction for which a report is required to be filed 52 6 pursuant to this section. 52 7 b. With the intent to disguise the fact that money or a 52 8 payment instrument is the proceeds of criminal conduct, or 52 9 with intent to promote, manage, establish, carry on, or 52 10 facilitate the promotion, management, establishment, or 52 11 carrying on of any criminal conduct, or with intent to evade 52 12 the making or filing of a report required under this chapter, 52 13 or with intent to cause the making or filing of a report that 52 14 contains a material omission or misstatement of fact, or with 52 15 intent to conduct or structure a transaction or series of 52 16 transactions by or through one or more licensees, authorized 52 17 delegates, money transmitters, financial institutions, or 52 18 persons engaged in a trade or business. 52 19 7. A person who violates subsection 7 is guilty of a class 52 20 "C" felony and is also subject to a civil penalty of three 52 21 times the value of the property involved in the transaction, 52 22 or, if no transaction is involved, five thousand dollars. 52 23 8. Notwithstanding any other provision of law, each 52 24 violation of this section constitutes a separate, punishable 52 25 offense. 52 26 9. Any report, record, information, analysis, or request 52 27 obtained by the attorney general or department of public 52 28 safety pursuant to this chapter is not a public record as 52 29 defined in chapter 22 and is not subject to disclosure. 52 30 Sec. 36. NEW SECTION. 529.3 INVESTIGATIONS. 52 31 1. The attorney general or county attorney may conduct 52 32 investigations within or outside this state to determine if 52 33 any licensee, authorized delegate, money transmitter, or 52 34 person engaged in a trade or business has failed to file a 52 35 report required by this chapter or has engaged or is engaging 53 1 in any act, practice, or transaction that constitutes a 53 2 violation of this chapter. 53 3 2. Upon presentation of a subpoena from a prosecuting 53 4 attorney, all licensees, authorized delegates, money 53 5 transmitters, and financial institutions shall make their 53 6 books and records available to the attorney general or county 53 7 attorney or peace officer during normal business hours for 53 8 inspection and examination in connection with an investigation 53 9 pursuant to this section. 53 10 Sec. 37. NEW SECTION. 529.4 UNIFORMITY OF CONSTRUCTION 53 11 AND APPLICATION. 53 12 1. The provisions of this chapter shall be liberally 53 13 construed to effectuate its remedial purposes. Civil remedies 53 14 under this chapter shall be supplemental and not mutually 53 15 exclusive. The civil remedies do not preclude and are not 53 16 precluded by other provisions of law. 53 17 2. The provisions of this chapter shall be applied and 53 18 construed to effectuate its general purpose to make uniform 53 19 the law with respect to the subject of this chapter among 53 20 states enacting the law and to make the reporting requirements 53 21 regarding financial transactions under Iowa law uniform with 53 22 the reporting requirements regarding financial transactions 53 23 under federal law. 53 24 3. The attorney general is authorized to enter into 53 25 reciprocal agreements with the attorney general or chief 53 26 prosecuting attorney of any state to effectuate the purposes 53 27 of this chapter. 53 28 DIVISION V 53 29 CONFORMING AMENDMENTS 53 30 Sec. 38. Section 22.7, Code Supplement 1995, is amended by 53 31 adding the following new subsection: 53 32 NEW SUBSECTION. 33. A record required under the Iowa 53 33 financial transaction reporting Act listed in section 529.2, 53 34 subsection 10. 53 35 Sec. 39. Section 80.39, subsection 1, Code 1995, is 54 1 amended to read as follows: 54 2 1. Personal property, except for motor vehicles subject to 54 3 sale pursuant to section 321.89, and seizableor forfeitable54 4 property subject to disposition pursuant to chapter 809, which 54 5 personal property is found or seized by, turned in to, or 54 6 otherwise lawfully comes into the possession of the department 54 7 of public safety and which the department does not own, shall 54 8 be disposed of pursuant to this section. If by examining the 54 9 property the owner or lawful custodian of the property is 54 10 known or can be readily ascertained, the department shall 54 11 notify the owner or custodian by certified mail directed to 54 12 the owner's or custodian's last known address, as to the 54 13 location of the property. If the identity or address of the 54 14 owner cannot be determined, notice by one publication in a 54 15 newspaper of general circulation in the area where the 54 16 property was found is sufficient notice. A published notice 54 17 may contain multiple items. 54 18 Sec. 40. Section 123.20, subsection 7, Code 1995, is 54 19 amended to read as follows: 54 20 7. To accept intoxicating liquors ordered delivered to the 54 21 alcoholic beverages division pursuant to chapter809809A, and 54 22 offer for sale and deliver the intoxicating liquors to class 54 23 "E" liquor control licensees, unless the administrator 54 24 determines that the intoxicating liquors may be adulterated or 54 25 contaminated. If the administrator determines that the 54 26 intoxicating liquors may be adulterated or contaminated, the 54 27 administrator shall order their destruction. 54 28 Sec. 41. Section 321.232, subsection 3, Code 1995, is 54 29 amended to read as follows: 54 30 3. A radar jamming device may be seized by a peace officer 54 31 subject to forfeiture as provided by chapter 809 or 809A. 54 32 Sec. 42. Section 321J.4B, subsection 12, Code Supplement 54 33 1995, is amended to read as follows: 54 34 12. Operating a motor vehicle on a street or highway in 54 35 this state in violation of an order of impoundment or 55 1 immobilization is a serious misdemeanor. A motor vehicle 55 2 which is subject to an order of impoundment or immobilization 55 3 that is operated on a street or highway in this state in 55 4 violation of the order shall be seized and forfeited to the 55 5 state underchapterchapters 809 and 809A. 55 6 Sec. 43. Section 321J.4B, subsections 13 and 16, Code 55 7 Supplement 1995, are amended to read as follows: 55 8 13. Once the period of impoundment or immobilization has 55 9 expired, the owner of the motor vehicle shall have thirty days 55 10 to claim the motor vehicle and pay the fees and charges 55 11 imposed under this section. If the owner or the owner's 55 12 designee has not claimed the vehicle and paid the fees and 55 13 charges imposed under this section within seven days from the 55 14 date of expiration of the period, the clerk shall send written 55 15 notification to the motor vehicle owner, at the owner's last 55 16 known address, notifying the owner of the date of expiration 55 17 of the period of impoundment or immobilization and of the 55 18 period in which the motor vehicle must be claimed. If the 55 19 motor vehicle owner fails to claim the motor vehicle and pay 55 20 the fees and charges imposed within the thirty-day period, the 55 21 motor vehicle shall be forfeited to the state underchapter55 22 chapters 809 and 809A. 55 23 16. Notwithstanding the requirements of this section, the 55 24 holder of a security interest in a vehicle which is impounded 55 25 or immobilized pursuant to this section or forfeited in the 55 26 manner provided inchapterchapters 809 and 809A shall be 55 27 notified of the impoundment, immobilization, or forfeiture 55 28 within seventy-two hours of the seizure of the vehicle and 55 29 shall have the right to claim the motor vehicle without 55 30 payment of any fees or surcharges unless the value of the 55 31 vehicle exceeds the value of the security interest held by the 55 32 creditor. 55 33 Sec. 44. Section 321J.10, subsection 7, Code 1995, is 55 34 amended to read as follows: 55 35 7. Specimens obtained pursuant to warrants issued under 56 1 this section are not subject to disposition under section 56 2 808.9 or chapter 809 or 809A. 56 3 Sec. 45. Section 455B.103, subsection 4, paragraph d, 56 4 subparagraph (2), Code 1995, is amended to read as follows: 56 5 (2) In a reasonable manner, and any property seized shall 56 6 be treated in accordance with the provisions of chapters 808, 56 7and809, and 809A. 56 8 Sec. 46. Section 602.6405, subsection 1, Code 1995, is 56 9 amended to read as follows: 56 10 1. Magistrates have jurisdiction of simple misdemeanors, 56 11 including traffic and ordinance violations, and preliminary 56 12 hearings, search warrant proceedings, county and municipal 56 13 infractions, and small claims. Magistrates have jurisdiction 56 14 to determine the disposition of livestock or another animal, 56 15 as provided in sections 717.5 and 717B.4, if the magistrate 56 16 determines the value of the livestock or animal is less than 56 17 ten thousand dollars. Magistrates have jurisdiction to 56 18 exercise the powers specified in sections 556F.2 and 556F.12, 56 19 and to hear complaints or preliminary informations, issue 56 20 warrants, order arrests, make commitments, and take bail. 56 21 Magistrates have jurisdiction over violations of section 56 22 123.49, subsection 2, paragraph "h". Magistrates who are 56 23 admitted to the practice of law in this state have 56 24 jurisdiction over all proceedings for the involuntary 56 25 commitment, treatment, or hospitalization of individuals under 56 26 chapters 125 and 229, except as otherwise provided under 56 27 section 229.6A; nonlawyer magistrates have jurisdiction over 56 28 emergency detention and hospitalization proceedings under 56 29 sections 125.91 and 229.22. Magistrates have jurisdiction to 56 30 conduct hearings authorized under section 809.4and section56 31809.10, subsection 2. 56 32 Sec. 47. Section 809.1, subsection 2, Code Supplement 56 33 1995, is amended by striking the subsection. 56 34 Sec. 48. Section 809.4, Code 1995, is amended to read as 56 35 follows: 57 1 809.4 HEARING – APPEAL. 57 2 An application for the return of seized property shall be 57 3 set for hearing not less than five nor more than thirty days 57 4 after the filing of the application and shall be tried to the 57 5 court. All claims to the same property shall be heard in one 57 6 proceeding unless it is shown that the proceeding would result 57 7 in prejudice to one or more of the parties. If the total 57 8 value of the property sought to be returned is less than five 57 9 thousand dollars, the proceeding may be conducted by a 57 10 magistrate or a district associate judge with appeal to be as 57 11 in the case of small claims. In all other cases, the hearing 57 12 shall be conducted by a district judge, with appeal as 57 13 provided in section809.12809.12A. 57 14 Sec. 49. NEW SECTION. 809.12A APPEALS. 57 15 An appeal from a denial of an application for the return of 57 16 seized property or from an order for the return of seized 57 17 property shall be made within thirty days after the entry of a 57 18 judgment order. The appellant, other than the state, shall 57 19 post a bond of a reasonable amount as the court may fix and 57 20 approve, conditioned to pay all costs of the proceedings if 57 21 the appellant is unsuccessful on appeal. The appellant, other 57 22 than the state, may be required to post a supersedeas bond or 57 23 other security, as the court finds to be reasonable, in order 57 24 to stay the operation of a forfeiture order under section 57 25 809A.16. 57 26 Sec. 50. Section 809.15, Code 1995, is amended to read as 57 27 follows: 57 28 809.15 COMBINING PROCEEDINGS. 57 29 In cases involving seized property andforfeitableproperty 57 30 subject to forfeiture pursuant to section 809A.4, the court 57 31 may order that the proceedings be combined for purposes of 57 32 this chapter. 57 33 Sec. 51. Section 809.16, Code 1995, is amended to read as 57 34 follows: 57 35 809.16 RULEMAKING. 58 1 The attorney generalmayshall adopt, amend, or repeal 58 2 rules pursuant to chapter 17A to carry out the provisions of 58 3 this chapter. 58 4 Sec. 52. Section 809.17, Code 1995, is amended to read as 58 5 follows: 58 6 809.17 PROCEEDS APPLIED TO VARIOUS PROGRAMS. 58 7 Except as provided in section 809.21, proceeds from the 58 8 disposal of seizedor forfeitedproperty pursuant to this 58 9 chapter may be transferred in whole or in part to the victim 58 10 compensation fund created in section 912.14 at the discretion 58 11 of the recipient agency, political subdivision, or department. 58 12 Sec. 53. Sections 809.6 through 809.14, Code 1995, are 58 13 repealed. 58 14 SF 482 58 15 mk/cc/26
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